KCC 495/2017 issued on 05/03/2018

This case involved the appeal of sentencing of individuals charged with smuggling drugs in order to trade them. A key point was the the ruling had been issued by judges who had not been at the hearing.

Background

The office of public prosecution accused three defendants of importing and smuggling drugs for trading purposes. The office requested the court to penalize the defendants according to the relevant laws.

The court issued the death sentence against the defendants and ruled that the drugs should be confiscated.

The defendants appealed the ruling before the court of appeal. The court amended the appealed ruling and issued a life sentence against the first two defendants and ruled that they should be deported from the country after the execution of the punishment. The court acquitted the third defendant.

The defendants appealed the ruling before the court of cassation. They said in their grounds of appeal that the ruling had erred in the application of law. They said that the board of judges which had listened to the hearing was different from the one that issued the ruling.

Decision