An appeal by Anne Achieng Anyanga, a drug trafficking suspect jailed to serve a life imprisonment and fined Ksh20 million, will be mentioned on March 3, 2025.
Milimani High Court judge Margaret Muigai on Monday, February 3, 2025, directed that the mention for the application will be heard to determine whether the appellant’s prayer will be granted.
On July 21, 2023, Achieng filed a petition of appeal citing her dissatisfaction on the decision on both conviction and sentence made by Chief Magistrate Martha Mutuku on February 27, 2022.
In the petition, Achieng prays her conviction and sentence in the Criminal Case No.1317 of 2016 be annulled or set aside and she be set free.
Lack of enough proof
Achieng is seeking the annulment on several grounds where she states the Chief Magistrate delivered the sentence without having had enough proof as required by the law.
“The learned trial Chief Magistrate erred in law and fact by convincing the Appellant on a charge which had not been proved beyond reasonable doubt as required by law,” part of the petition of appeal read.
The petitioner also says that prosecution evidence which was in her favour was ignored by court.
Achieng states that the court relied on the evidence of a bus driver who was not driving the bus at that particular time and distance, and by failing to consider the driver who had control of the bus at that material time and distance, was not disclosed.
Inhumane sentence
According to Achieng, the sentence accorded to her by Chief Magistrate Mutuku was inhumane, unreasonable and unlawful.
“The learned trial Chief Magistrate erred in fact and law by imposing a sentence that was manifestly excessive, inhuman and in fact unlawful ignoring the provisions of the constitution of kenya 2010 Article 50(2)(p) which entitles a first offender the least of sentences prescribed for an offence,” the petition appeal read in part.
Achieng was arrested on August 19, 2016, alongside Elizabeth Akinyi at Naivasha along Naivasha – Nairobi highway within Nakuru County.
The two were charged with trafficking psychotropic drug valued at Ksh6.8million in a Ugandan registered motor vehicle customized registration number Modern 5 belonging to Modern Coast Bus Company in contravention of the provision of the said Act.
However, Akinyi was acquitted after the court found that there was no evidence presented by the prosecution linking her with committing the offence before court.