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MagistrateOtherNot stated in the judgment· [2026] KEMC 272 (KLR)

Republic v Shee (Criminal Case E016 of 2026) [2026] KEMC 272 (KLR)

Magistrates' Court
25 June 2026
FMF. M. Mulama
768 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Lamu court convicted a man of possessing bhang because he signed an inventory admitting possession and never challenged the police evidence or analyst report.

What this practically means

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Executive summary

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The accused, Abubakar Shee, was charged with one count of possession of narcotics contrary to section 3(1) as read with section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994. It was alleged that on 18 January 2026 at around 1130 hours within Mkomani, he was found in possession of one sachet of cannabis sativa in a clear polythene paper with a street value of Kshs. 500, not in medical preparation form. The prosecution called two police officers who testified that while returning from providing security at a church they met the accused, who looked restless on seeing them; they searched him and recovered a greenish substance suspected to be cannabis. He was arrested, an inventory was prepared, and the substance was analysed by the government analyst, who confirmed it was cannabis. The accused, in sworn defence, denied being found with anything, though he admitted using bhang generally but not on that day. The court framed two issues: whether the accused was in possession of the suspected substance, and whether the substance was a narcotic drug under the Act. On the first, the court found the possession evidence was not displaced and that the inventory the accused signed acknowledging possession corroborated it. On the second, the unchallenged government analyst report established the substance was cannabis. The court found the count proved beyond doubt and convicted the accused under section 215 of the Criminal Procedure Code.

Key legal issues

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01

Whether the accused was in possession of the substance suspected to be bhang

Holding

Yes - the court found actual possession proved beyond doubt.

Reasoning

The prosecution witnesses testified that they intercepted the accused, searched him and recovered one sachet of a greenish substance. The accused denied possession but did not displace this evidence, admitting that he generally uses bhang though not that day. An inventory signed by him acknowledging possession was produced without objection, supporting a finding of actual possession.

p. 2
02

Whether the substance found is a narcotic drug within the meaning of the Act

Holding

Yes - the government analyst report confirmed the substance was cannabis, a narcotic drug under the Act.

Reasoning

A government analyst report dated 5/2/2026 was produced as an exhibit showing the substance in the sachet was cannabis. The accused did not challenge the report at all. The court was satisfied the substance was cannabis, a narcotic drug under the Narcotic Drugs and Psychotropic Substances Control Act.

p. 2

Legal principles established

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  • Possession of narcotics may be proved by the evidence of the arresting officers together with an inventory signed by the accused acknowledging possession, where the accused offers no substantive challenge.
  • A government analyst report produced in evidence and unchallenged by the accused suffices to establish that a suspected substance is a narcotic drug within the meaning of the Act.

Court orders

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  1. 1.The accused person is convicted of being in possession of narcotic drugs contrary to section 3(1) as read with section 3(2)(a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994, the conviction being entered under section 215 of the Criminal Procedure Code.
Jurisdiction invoked
Criminal jurisdiction under the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994 and the Criminal Procedure Code (trial of narcotics offence, first instance)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Shee (Criminal Case E016 of 2026) [2026] KEMC 272 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/272/eng@2026-06-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.