KCC 239/2001
This case involved the impact of invalid arrest and investigation proceedings on a drugs conviction.
Background
An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of possessing drugs for taking purposes had insufficient evidence of causation. He said that he had maintained before the court that the inspection and arrest proceedings were invalid but the court dismissed this defence.
Decision
The court of cassation said that this argument was valid. The court said that the documents of the case revealed that the appellant had maintained before the court that the inspection and the arrest proceedings were invalid but the court dismissed this defence. The court said that the court dismissed the appellant's defence though it was a substantial one that might have changed the ruling outcome. The court said that the court therefore established its ruling on tan invalid basis.
The court repealed the ruling.