• Activists want legislators to introduce some changes in the Narcotic Drugs and Psychotropic Substances Control Act (Amendment) Bill 2020 to give reprieve to drug users.
• They argue that punitive measures for drug users can cause congestion in jails.
Anti-narcotics activists in the Coast region have praised the stiff penalties and lengthy jail terms — fines in millions and life sentences in some drugs offences — proposed in an amendment Bill before Parliament.
They, however, want legislators to introduce some changes in the Narcotic Drugs and Psychotropic Substances Control Act (Amendment) Bill, 2020 to give reprieve to drug users. They argue that punitive measures for drug users can cause congestion in jails.
Reachout Center Trust boss Abdulrahman Taib told the Star the proposals which target drug barons and peddlers should be fully implemented if passed.
The Bill proposes that traffickers nabbed with more than 101 grams of the narcotics will pay a fine of Sh50 million or face life imprisonment.
Those found in possession of between 0.1-50 grams will be fined not less than Sh20 million or face jail terms of not less than 15 years or both.
Persons arrested with 51-100 grams risk fines of not less than Sh30 million and jail terms of not less than 20 years.
Those found smoking narcotic substances such as bhang will be fined Sh250,000.
Persons who manufacture or are found with chemicals for the production of any narcotic drug or psychotropic substances and transporters will be fined not less than Sh50 million and serve not less than 20 years jail term.
“The proposed stiffer penalties for the people on top of the drug chain is adequate and when passed, should be implemented fully," Taib said.
Taib said Kenya should set up a special team comprising an anti-narcotics unit, the Director of Public Prosecutions, informants and other agencies. The team will handle investigations and prosecute all drugs offenders.
He said the team, which will be similar to the US’s Drug Enforcement Administration, will ensure implementation of laws.
He, however, said drug users should be provided with solutions on how to get out of the problem.
“If we go with this Bill, then our prisons will be full because these are the small fish arrested every day and not the drug suppliers themselves,” he said.
“Will imprisonment of drug users reduce the supply? What next for them after imprisonment? These are some of the gaps that need to be filled.”
The anti-narcotic crusader recommended that the Bill introduces rehabilitation instead of imprisonment.
Mvita MP Abdulswamad Shariff Nassir said the Bill is expected to bring in much-needed changes in the ongoing fight against the drug menace at the Coast.
The region has been named as a hotspot of drug usage and a gateway for drug supply in Africa.
“Even though there are parts which may be lacking, but generally it is a good Bill which needs to be passed,” the MP said.
Abdulswamad said the Bill introduces stiffer punishment for the drug traffickers and suppliers and will limit the flow of narcotics.
He said the Bill seeks to suppress the demand for drugs among the users which will then reduce the supply thus deny drug traffickers a ready market. The MP said the legislation will pass because he has mobilised lawmakers to support it.
The Bill also puts measures to deter rogue police officers.
Police officers, investigators and public servants who abet drug traffickers will be liable to fines of not less than Sh20 million. They also risk imprisonment terms of not less than 20 years or both upon conviction. Officers will be prosecuted for concealing the commission of any offence or colluding with any person suspected of committing an offence.
Individuals found with equipment used for the production of narcotics or those who permit their premises to be used for the production of drugs will be fined up to Sh20 million or jailed for not less than 10 years.
The fines will apply to people who reside outside the country but conspire with residents to commit drug-related crimes.
The Bill requires the Director of Public Prosecutions to seek information from foreign governments for suspected drug offences.