Arusha. Despite claiming he was kidnapped while on his way to sell chickens at a market, held in a guesthouse and later framed in a drug trafficking case, James Luko has failed to overturn his life sentence.
The High Court’s Morogoro Sub-Registry has dismissed his appeal against the conviction after finding that prosecution evidence proved he was found inside a shelter lying on top of six sacks containing 108 kilogrammes of cannabis.
In a ruling delivered on July 10, 2026, Judge Stephen Magoiga said there were no grounds to interfere with the decision of the Morogoro Resident Magistrate’s Court, which convicted Luko and sentenced him to life imprisonment for trafficking narcotic drugs.
The court also dismissed Luko’s claims that he was kidnapped while going to Nyandira Market to sell chickens, taken to a guesthouse and later forced to place his thumbprint on documents he did not understand.
The judge said the allegations were not supported by any evidence.
Background
The prosecution told the court that on July 8, 2025, officers from the Drugs Control and Enforcement Authority (DCEA) conducted an operation in Lugenge, Morogoro Region, following information from an informant.
The officers reportedly arrived at the area and found three shelters allegedly used by people involved in drug trafficking. They began searching them one after another.
The court heard that Luko was found in the third shelter lying on six sacks containing dried leaves, which were later confirmed by the Chief Government Chemist to be cannabis weighing 108 kilogrammes.
Defence
In his defence, Luko told the court that on July 7, 2025, while travelling to Nyandira Market to sell chickens, he reached Kibaoni where he met two men in a vehicle.
He said the men asked him about the price of the five chickens he was carrying before requesting him to accompany them to the market. While inside the vehicle, he claimed they asked him whether he knew someone called “Masta”, but he denied knowing him.
He told the court that as they approached the market, one of the men pointed a pistol at him while the other moved away before taking him to Jehova Guesthouse, where he was held until July 9, 2025.
Luko claimed he was later given documents, beaten and forced to place his thumbprint on papers whose contents he did not know. He said he remained in custody until August 4, 2025, when he was taken to court.
After hearing evidence from both sides, the Resident Magistrate’s Court convicted him and sentenced him to life imprisonment.
Appeal
Dissatisfied with the decision, Luko filed an appeal based on seven grounds, including claims that the Resident Magistrate’s Court lacked jurisdiction to hear the case because there was no consent from the Director of Public Prosecutions (DPP).
He also argued that he was held for 27 days before being taken to court in violation of the law, the search was conducted without a warrant, the evidence of an independent witness was unreliable, the chain of custody of exhibits had gaps and that he was framed.
Court decision
Delivering the ruling, Judge Magoiga dismissed the argument concerning the 27-day delay before Luko was taken to court, saying the delay did not demonstrate that he suffered prejudice in preparing his defence.
The judge said investigations, including scientific examination, were still ongoing and the laboratory report had not been completed. Therefore, the circumstances did not show that Luko’s rights had been violated to an extent that would invalidate the case.
The court also rejected the argument that the search was conducted without a warrant, saying the law allows emergency searches when officers receive information suggesting evidence may be lost if they wait to obtain a warrant.
On the issue of an independent witness, Judge Magoiga said the law does not require such a person to be a local government leader, but rather someone independent who witnessed the search process and whose evidence was credible.
The judge also dismissed the claim that the seizure certificate did not show that the cannabis came from the third shelter, saying witness testimonies and Luko’s thumbprint on the seizure documents established the link between him and the exhibits.
Judge Magoiga said prosecution evidence on the arrest, handling of exhibits and laboratory findings created an unbroken chain proving beyond reasonable doubt that the cannabis was in Luko’s possession.
“The appellant’s defence was merely a denial and did not raise any reasonable doubt against the strong evidence presented by the prosecution,” Judge Magoiga said.
The court concluded that the Resident Magistrate’s decision was correct and dismissed Luko’s appeal, upholding the life sentence.
