- It is worth noting that the Narcotics, Drugs and Psychotropic Substances (Control) Act was gazetted on March 7, 2022 paving way for the implementation of the law.
- Drug traffickers on top of the chain took advantage of the previous law by paying the fines and continued with their illicit activities.
Image: HANDOUT
A Tanzanian national was on January 29, 2024, sentenced to 45 years in prison for being in possession of narcotics while travelling in Mombasa.
The news was received in jubilation by stakeholders who have for years fought drug abuse and trafficking of drugs in the country.
The case of Maimuna Jumanne Amir who was apprehended at the Moi International Airport back in March 2021, carrying 5,389 grams of heroin worth Sh16,167,000 has taken a long to complete but for the prosecution, justice has finally been served and the fight against drug trafficking has gained momentum.
Mombasa Law Courts Principal Magistrate Martin Rabera who is known for his tough but justified judgements sentenced her to 35 years in prison for drug trafficking, with an additional 10 years for being in possession of drugs.
However, such has been the case where suspected masterminds are never nabbed and the innocent unsuspecting culprits jailed for years in what many perceive to be a damage control measure protecting the big fish.
The ruling was similar to the April 2015 judgement where one Said Ahmed was among five people who were arrested and later charged with trafficking nine kilos of heroin in what was also deemed a big sacrifice made to protect the real people behind the trafficking.
In this particular case, Ahmed, alongside the other accused, faced two counts of trafficking drugs from Kenya to Madagascar through the ocean using a luxurious boat. The heroin was valued at Sh29 million.
Later on in 2018, Ahmed and a Seychelles national heavily linked to separate drug trafficking cases were found guilty and sentenced to close to 15 years in prison.
Ahmed said he was a mere fish dealer who got into the transport business once in a while to complement his income. In this particular case, the owner of the luxurious boat “baby Iris” Bilal Kimala had employed him as a boat caretaker.
But authorities prosecuting or pursuing drug trafficking cases must now be aware of the amended law aimed at nabbing drug traffickers and narcotic smugglers.
It is worth noting that the Narcotics, Drugs and Psychotropic Substances (Control) Act was gazetted on March 7, 2022, paving the way for the implementation of the law.
The law provides the framework for combating abuse of narcotics, drugs, and psychotropic substances by issuing several penalties.
The law gives a penalty of between 20 years and life imprisonment or fines of not less than Sh20 million.
Before this amendment, the punishment was said to be lenient to the big fish because of the many loopholes in the previous law.
It is such loopholes that gave the popular Akasha brothers a leeway to escape punishment, despite being listed by the US as Africa’s drug kingpins.
Drug traffickers on top of the chain took advantage of the previous law by paying the fines and continued with their illicit activities.
The previous law was not alive to the current realities where drug traffickers use precursor chemicals to manufacture narcotic drugs. The law does not impose control over, and punish the unlawful use of precursor chemicals.
In the current law, there are specific provisions punishing law enforcement officers committing offences related to drug trafficking, which has become a global concern.
It also has specific provisions to punish persons conspiring in Kenya or outside Kenya to commit offences related to trafficking.
Police officers can now secure crucial evidence through interception of communications amongst drug traffickers and conspirators; and for the request of information and evidence from foreigners who may have information.
There is now clarity on penalties for the concealment of information by persons or failure to disclose information to aid in the investigation and prosecution of offences related to drug trafficking.
Currently, it also clearly stipulates what penalties to give per the weight of narcotic drugs and psychotropic substances.
Therefore, the courts will have the parameters for imposing appropriate punishment in the form of fines and or imprisonment that deters potential perpetrators.
The amended laws stipulate fines worth Kshs. 50 million, and imprisonment of not less than 20 years for manufacturing, possessing or transporting precursor chemicals for unlawful production of a narcotic drug.
The penalty for conspiracy is a fine of not less than Kshs. 100 million and imprisonment for life.
The proposed penalty is a fine of not less than Kshs.5 million or imprisonment of not less than 5 years or both.
The new law is undoubtedly a strong step in the right direction which we must safeguard to protect and secure future generations from drug barons.
Elcana is a criminologist, security expert and communication consultant.