On 31 October 2003 at about 3.30 p.m., Mary Kerubo Onkaga and Moreen Moraa Mogere were arrested in a Toyota Shark matatu, registration KAP 205X, on the Narok-Mai Mahiu road at Ntulele, where two bags holding 18 kilograms of bhang valued at Kshs 36,000 were found.[1] Mogere pleaded guilty and was sentenced to five years’ imprisonment plus a Kshs 30,000 fine, while Onkaga denied the charge, went through a full trial, and received the same sentence.[1] Mogere later appealed her sentence separately and had it commuted to the period already served on 1 February 2006.[1]

On 20 July 2006 the High Court at Nakuru allowed Onkaga’s appeal against conviction.[1] Justices M. Koome and L. Kimaru accepted her defence, corroborated by Mogere as a defence witness, that the bags belonged to Mogere and that Onkaga was only travelling with her from Kisii to Nairobi in search of work as a maid, with Mogere paying the fare.[1] The court held the trial magistrate should have acquitted her, set aside the conviction and sentence, and ordered her set at liberty.[1]