Iwe huru.

Meria

Elder Lister
A man found with Sh2,500 bhang shocked a Kibera magistrate after telling the court that he smokes bhang because he is epileptic and it helps suppress seizures.

Marvin Lucas Gatonye spoke shortly after pleading guilty to possessing 60g of bhang in three sachets and an additional 75 rolls in contravention of the Narcotic Drugs and Psychotropic Substances Act of 1994.

According to prosecutor Nancy Kerubo, Gatonye was spotted by officers from Parklands police station who were on foot patrol along Chambers Road in Ngara, Nairobi, and he was stopped for looking suspicious.


The court heard that he was arrested and a quick search was conducted on him and he was found with the bhang in a small bag.


In response to his arguments, the magistrate questioned if he had any recommendations from the doctor to prove his claims.

Boke directed that the accused be remanded until Friday for a social inquiry report to be filed in court before his sentencing.
 
Gatonye was spotted by officers from Parklands police station who were on foot patrol along Chambers Road in Ngara, Nairobi, and he was stopped for looking suspicious.


The court heard that he was arrested and a quick search was conducted on him and he was found with the bhang in a small bag.
Our judiciary bana, hio search haikuwa illegal?
 
Who is s/he ?
Very slow kama kawa

Read the story again with this other story...
 
Leta summary mkuMBWA.
Sijashika any
A section on what is known as stop and search.

NATIONAL POLICE SERVICE ACT Number 11A of 2011
Searches permitted without a warrant

The National Police Service Act has similar provisions to those of the Criminal Procedure Code.

In section 57 of that Act, if a police officer has reasonable cause to believe that anything necessary to the investigation of an alleged offence is in any premises and that the delay caused by obtaining a warrant to enter and search those premises would be likely to imperil the success of the investigation or that any person in respect of whom a warrant of arrest is in force, or who is reasonably suspected of having committed a cognizable offence, is in any premises, the police officer may demand that the person residing in or in charge of such premises allow him free entry into the premises and afford him all reasonable facilities for a search of the premises.
If, after notification of his authority and purpose, entry cannot without unreasonable delay be obtained, the officer may enter such premises without warrant and conduct the search, and may, if necessary in order to effect entry, break open any outer or inner door or window or other part of such premises.

A police officer may also stop, search and detain any vehicle or vessel which the police officer has reasonable cause to suspect is being used in the commission of, or to facilitate the commission of, an offence.

A person who fails to obey a reasonable signal given by a police officer in uniform requiring the person to stop any vehicle or vessel commits an offence and is liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred thousand shillings, or to both.

A police officer who seeks to conduct a search without a warrant, must:
(a) identify himself beforehand;
(b) record the action;
(c) record the items taken; and
(d) make a report regarding such exercise and make it available for the superior.

Further in section 60, such a police officer conducting a search without a warrant, must carry with him, and produce to the occupier of the premises on request by him, the officer’s certificate of appointment and if anything is seized, the police officer shall immediately make a record describing anything so seized, and without undue delay take or cause it to be taken before a magistrate within whose jurisdiction the thing was found, to be dealt with according to the law.
 
2500 worth of weed is too much for personal consumption. The smell must have been strong too so if he met cops definitely he would be nervous and they would be onto him right away.
 
Read the story again with this other story...
Nime elewa . Thank you.
 
I
A section on what is known as stop and search.

NATIONAL POLICE SERVICE ACT Number 11A of 2011
Searches permitted without a warrant

The National Police Service Act has similar provisions to those of the Criminal Procedure Code.

In section 57 of that Act, if a police officer has reasonable cause to believe that anything necessary to the investigation of an alleged offence is in any premises and that the delay caused by obtaining a warrant to enter and search those premises would be likely to imperil the success of the investigation or that any person in respect of whom a warrant of arrest is in force, or who is reasonably suspected of having committed a cognizable offence, is in any premises, the police officer may demand that the person residing in or in charge of such premises allow him free entry into the premises and afford him all reasonable facilities for a search of the premises.
If, after notification of his authority and purpose, entry cannot without unreasonable delay be obtained, the officer may enter such premises without warrant and conduct the search, and may, if necessary in order to effect entry, break open any outer or inner door or window or other part of such premises.

A police officer may also stop, search and detain any vehicle or vessel which the police officer has reasonable cause to suspect is being used in the commission of, or to facilitate the commission of, an offence.

A person who fails to obey a reasonable signal given by a police officer in uniform requiring the person to stop any vehicle or vessel commits an offence and is liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred thousand shillings, or to both.

A police officer who seeks to conduct a search without a warrant, must:
(a) identify himself beforehand;
(b) record the action;
(c) record the items taken; and
(d) make a report regarding such exercise and make it available for the superior.

Further in section 60, such a police officer conducting a search without a warrant, must carry with him, and produce to the occupier of the premises on request by him, the officer’s certificate of appointment and if anything is seized, the police officer shall immediately make a record describing anything so seized, and without undue delay take or cause it to be taken before a magistrate within whose jurisdiction the thing was found, to be dealt with according to the law.
Is it within my rights to ask the officer why he thinks am suspicious, and what exactly he's looking for?
And if he thought am carrying a grenade and ends up finding a few rolls, can he arrest me?
Am talking from a strict legal angle, not what practically happens in .ke as I know the answers.
 
A section on what is known as stop and search.

NATIONAL POLICE SERVICE ACT Number 11A of 2011
Searches permitted without a warrant

The National Police Service Act has similar provisions to those of the Criminal Procedure Code.

In section 57 of that Act, if a police officer has reasonable cause to believe that anything necessary to the investigation of an alleged offence is in any premises and that the delay caused by obtaining a warrant to enter and search those premises would be likely to imperil the success of the investigation or that any person in respect of whom a warrant of arrest is in force, or who is reasonably suspected of having committed a cognizable offence, is in any premises, the police officer may demand that the person residing in or in charge of such premises allow him free entry into the premises and afford him all reasonable facilities for a search of the premises.
If, after notification of his authority and purpose, entry cannot without unreasonable delay be obtained, the officer may enter such premises without warrant and conduct the search, and may, if necessary in order to effect entry, break open any outer or inner door or window or other part of such premises.

A police officer may also stop, search and detain any vehicle or vessel which the police officer has reasonable cause to suspect is being used in the commission of, or to facilitate the commission of, an offence.

A person who fails to obey a reasonable signal given by a police officer in uniform requiring the person to stop any vehicle or vessel commits an offence and is liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred thousand shillings, or to both.

A police officer who seeks to conduct a search without a warrant, must:
(a) identify himself beforehand;
(b) record the action;
(c) record the items taken; and
(d) make a report regarding such exercise and make it available for the superior.

Further in section 60, such a police officer conducting a search without a warrant, must carry with him, and produce to the occupier of the premises on request by him, the officer’s certificate of appointment and if anything is seized, the police officer shall immediately make a record describing anything so seized, and without undue delay take or cause it to be taken before a magistrate within whose jurisdiction the thing was found, to be dealt with according to the law.

Some of these cops can barely read as it is.

All they know is "orders from above"
 
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