A man was release on Tuesday by a Nakuru court following a failure by the prosecution to justify the the manner in which the police recovered the drugs. Peter Karumbi was on Monday charged with being in possession of 80 rolls of cannabis sativa ‘bang’ on July 6 in Kameru village in Dondori.
According to the police, they were patrolling and upon suspicion entered into Karumbi’s pub of which he also lives behind it.
Karumbi pleaded guilty before Chief Magistrate Doreen Mulekyo saying that the roles were actually in his house but they were left by his customers who were drunk and he provided them with place to sleep.
Mulekyo questioned the way the police conducted the search by saying they violated the rights of the accused without the arrest warrant.
“It was an outright violation of article 27 that require the police to issue the accused with an arrest warrant, they went to his dwelling house and invade his privacy,” she said
She urged the prosecution to tell the police to put their facts together saying that the accused was either a trafficker or a drug peddler, they shouldn’t work on suspicion.
Karumbi was acquitted narcotic drug charges.