Nakuru magistrate acquits man accused of possessing bhang worth Ksh1, 250, claims prosecution failed to prove case with ‘Seeds and Leaves’ evidence

Friday, February 13, 2026 - A Nakuru court has set free Peter Kioko Wambui, who had been facing charges of possessing cannabis and a sharp knife at Free Area in Nakuru East sub-county.

Kioko was arrested on July 13^th, 2022, with police alleging that he was armed with a kitchen knife with intent to commit a felony, specifically stealing.

He was also accused of being in possession of 25 rolls of cannabis valued at Ksh1,250, contrary to the Narcotic Drugs and Psychotropic Substances (Control) Act (NDPCA).

Delivering judgment on February 10^th, 2026, Senior Principal Magistrate Aloyce Peter Ndege ruled that the prosecution had failed to prove its case beyond reasonable doubt.

He noted that there was no evidence linking Kioko’s possession of the knife to any planned felony.

“What if the accused intended to use the kitchen knife for its intended use, that is, preparation of food, and not necessarily to harm or threaten anyone?” the magistrate posed.

On the cannabis charge, Ndege observed that the prosecution did not conclusively prove the seized plant material met the legal definition of cannabis under section 2 of the NDPCA.

“The evidence laid by the prosecution does not therefore exclude the seeds and leaves. The prosecution has thus failed to prove to the required standard that the plant material herein was cannabis,” he ruled.

Consequently, the magistrate ordered Kioko’s immediate release from remand custody, where he had been held since 2022.

“I do hereby acquit the accused herein of the offences of preparation to commit a felony and being in possession of cannabis,” Ndege declared.

The Kenyan DAILY POST