A Nyeri magistrate has convicted a man for possessing heroin worth Sh6,000, rejecting his defence that the narcotics belonged to his cousin.
Alex Mwangi Maina was convicted of possession after police found 30 sachets in his jacket pocket during a night raid on December 7, 2025.
The prosecution called four witnesses, including the three officers present during the search and the investigating officer.
The court heard that at about 2.30 am, police officers acting on a tip-off raided a house in the Mathari area of Nyeri.
PC Collins Kwarula testified that upon searching the accused, he removed a brown khaki envelope from his jacket pocket containing three boosters with 10 sachets each of a substance later confirmed to be heroin.
Another occupant, identified as Gibson, was found with an additional 10 sachets.
A government chemist confirmed that the 30 sachets, weighing 5.87 grams, contained heroin, a prohibited substance listed under the First Schedule to the Narcotic Drugs and Psychotropic Substances (Control) Act.
In his defence, Maina gave a sworn statement claiming he had been visiting his aunt in Mathari and, as it grew late, she suggested he sleep at his cousin Gibson Gichuki’s house.
He told the court the items recovered belonged to his cousin and denied wearing a jacket at the time of the arrest.
Maina said he was not aware the items were drugs and claimed they were recovered where Gichuki hangs his clothes.
Senior resident magistrate Mary Gituma, however, found the accused’s testimony unconvincing, noting that his evidence was not corroborated.
“He claimed that he was at his cousin’s house simply as a guest and the items that were recovered therein belonged to his cousin and not him,” the magistrate observed.
"However, the accused failed to call any witness such as his aunt to confirm that he was simply a guest at the home. I am not persuaded that the accused was telling the truth."
On the accused’s argument challenging the arrest procedure and that local administration were not involved, the court held that such measures were not mandatory.
“The accused claimed that no photographs were taken of him with the drugs and that the area chief and members of nyumba kumi were not involved,” the magistrate said.
“In my view, it is not mandatory that photographs are taken at the scene or that the area chief and members of the nyumba kumi are informed of the incident.
“It is important that the prosecution shows and corroborates its evidence that indeed, the accused was in possession of the heroin.
“In this case, the state was able to prove through the evidence of PW1, PW3 and PW4 that indeed the accused was in possession of 30 sachets of heroin.”
Maina was convicted and given 14 days to appeal.
