A man has been fined Sh100,000 or serve two years in jail for possessing 46 rolls of bhang, estimated to be worth Sh920, by a Karatina court.
Moses Wahome was convicted by Principal Magistrate Elvis Micheka who acquitted him of trafficking-bhang charge which had been leveled against him by the prosecution.
Wahome was found with the drugs on March 3, this year in Karatina town with the prosecution producing four witnesses while the accused made unsworn statement in his defence.
He was arrested by police officers who were conducting night patrols in the busy town and upon search, found the said drugs in his shirt pocket.
However, the accused denied the accusation and claimed that on the material day, two police officers approached him while on his way home and asked for money.
The convict told the court that he was arrested for failure to give in to the officers’ demands.
He also suggested that there were no photographs taken to prove that indeed he had the drugs.
“His defence did little to discredit the prosecution witnesses’ evidence,” noted the magistrate.
While passing the judgement, the court observed that there was corroborating and consistent evidence.
However, the magistrate faulted prosecution for failing to prove that the convict was trafficking the drugs while evidence available indicated he was found in possession.
In mitigation, he told court that he was remorseful vowing never to repeat the offence.