KCC 692/2010

This case involved the arrest and investigation procedures for an individual convicted to possessing drugs and driving under the influence of drugs. A key question was the impact of an irregularity in the procedure for taking a urine sample.

Background

An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of possessing drugs for taking purposes and driving a car under the influence of drugs had erred in the application of law and had insufficient evidence of causation. He said that he maintained before the court that the inspection and the arrest proceedings were invalid but the court dismissed this defence. He also said that the proceedings through which a sample of his urine was taken were invalid as well.

Decision