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The Siaya Magistrate’s Court has ruled that being in possession of ‘kangara’ is not a crime and subsequently freed a woman who had been arrested after she was found in possession of 80 liters of the substance in Gem, Yala sub-county.

Prosecutor Peter Kubebea argued that ‘kangara’ is illegal because it is one of the ingredients used in manufacturing an outlawed liquor substance – chang’aa.

Magistrate Jacob Mkala however stated that in as much as ‘kangara’ is an ingredient of making chang’aa, it is not an illegal commodity in itself, thereby setting free Petronila Ayuma.

The Magistrate ruled that therefore that there is no way someone could be charged for being in possession of a commodity that is not prohibited by any law in Kenya.

He maintained that somebody can only be charged if he or she is found in possession of chang’aa, which is the one that is outlawed.

On whether the ‘kangara’ should be destroyed or not, the Magistrate noted that the court could not direct the police to destroy it because it was not an illegal product.

Meanwhile, the same court found Consolata Awuor guilty of being in possession of three liters of chang’aa and sentenced her to perform community service.

—CD

 

 

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