STORY BY KENYA NEWS AGENCY
A middle-aged man has been ordered to pay a fine of Sh50 million or serve a jail term of 30 years after he was found guilty of having a consignment of bhang by a Nyahururu Court.
Benard Waiguru Mwangi was found guilty of owning trafficking of narcotic drugs contrary to Section 4 (ii) of the Drugs and Psychotropic Substances (Control) Amendment Act of 2022.
He was charged on January 18, 2024 at Kigumo village, in Lusogwa area of Nyahururu Subcounty, Laikipia County.
He and others reportedly trafficked by storing drugs; Cannabis Sativa in a container amounting to 1,422,000 grams valued at Sh41 million contrary to the said Act.
The Bhang, concealed in a container and covered with aluminum iron sheets, was said to have been brought by the unknown dealer around one and a half months ago.
Nyahururu Resident Magistrate Fredrick Larabi while delivering the judgment termed the offence as serious and apparent in most parts of the country and hence the accused person deserved a deterrent sentence.
The magistrate said the prosecution called in five witnesses to testify against the accused and was able to prove the case beyond a reasonable doubt.
The accused was put on defense and gave his sole evidence but never called his witnesses.
His defense could not sustain the evidence adduced by the prosecution, and will be jailed for 30 years if he failed to pay a Sh50 million fine as ordered by the court and given 14 days to appeal.
The court ordered the 63 bags of cannabis sativa produced as exhibits be destroyed in the presence of the Nyahururu Deputy Commissioner, Area Police Commander, the DCI, the OCS Nyahururu and Public Health officials.
The Magistrate ordered corrugated iron sheets and the container seized by the police to be forfeited by the state and surrendered to the courts for other uses since no one had volunteered to claim its ownership.