Authorities are set to start using an amended law that seeks to enhance penalties meted on drug traffickers and narcotic smugglers in a bid to rid the country of increased cases of illicit drugs.
This was after the Narcotics, Drugs and Psychotropic Substances (Control) Act was gazetted in readiness for application.
The law was earlier on assented to and was on March 7, 2022 gazetted ahead of its application.
The law provides the framework for combating abuse of narcotics, drugs, and psychotropic substances in Kenya.
Drugs such as marijuana, cocaine, heroin, crystal meth, stimulants, painkillers and prescription drugs have reduced some youth into zombies.
Substance abuse remains a huge menace and is a major challenge with negative impacts on social, economic, governance and criminal justice sector.
The amended Act has defined precursors and chemical substances that could be used in the manufacture of narcotics.
Severe penalties will be handed to persons who manufacture, possess, or transport precursor chemicals for unlawful production of a narcotic drug.
It prescribes offences for law enforcement officers who aid or collude with persons suspected of committing offences under the law.
“A law enforcement officer or a public officer who aids or abets any offence under this Act including through concealing the commission of any offence or colluding with any person suspected of committing an offence under this Act, commits an offence and shall be liable upon conviction to a fine of not less than Sh 20 million and imprisonment for a term of not less than 20 years.”
It further introduces the offence of conspiring with persons outside or inside Kenya to commit offences related to drug manufacturing, possession, and trafficking in or outside Kenya.
The law introduces the offence of collecting, generating, or transmitting information for use in committing offences under the law.
By enhancing the effective prosecution of offences, the law mandates the Director of Public Prosecution to request for information or evidence where a person including foreign governments or an entity alleges or have information that person has committed offences.
It also provides for the interception of communication and production of that communication in court as evidence.
This is because drug traffickers have resorted to using an encrypted communication system to avoid detections.
A police officer may apply to the High Court for an order to intercept communication and before applying for the order to intercept the communication, the police officer has to seek written consent from the DPP.
The court may also make orders for a police officer to enter premises and to install devices to intercept or retain specific information.
The amended law makes it obligatory to disclose information that may aid in the prevention commission of offence arising and aid in arresting or prosecuting persons that have committed offences.
It amends the penalties where the person is in possession of less than one gram, to a fine of not less than Sh5 million or imprisonment for not less than five years, or to both such fine and imprisonment.
Where a person is in possession of between one and 100 grams, he or she will be fined to not less than Sh30 million or imprisonment for 30 years, or to both such fine and imprisonment.
Where the person is in possession of more than 100 gram, one will be fined not less than Sh50 million or three times the market value, whichever is greater or imprisonment for life or to both such fine and imprisonment.
Research findings have shown that Cannabis Sativa (bhang) is the drug of choice for most drug abusers in Kenya.
According to the State of the Judiciary and the Administration of Justice Annual Report for 2018/2019, cases involving dangerous drugs rose to 8,021 in 2019 from 5565 in 2017 representing a 44.1 percent jump.
“There has been an increase in cases heard and concluded by the Judiciary during the period 2016 to 2018 under the Narcotics Drugs and Psychotropic Substances (Control) Act No. 4 of 1994 that confirms the magnitude of the problem,” the National Campaign Against Drug Abuse (Nacada) says.
The agency says between 2007- 2019, 2,480 cases were filed at the High Court by convicted persons, who successfully appealed against the fines and imprisonment sentences imposed on them at magistrates’ courts.
Nacada said 1.5 tonnes of heroine was seized in Kenya in 2018 making it one of the countries with seizure of the largest quantity of heroin.
“Kenya was among the top 13 frequently mentioned countries of origin, departure and transit of trafficking in cannabis, and was one of the main countries that heroine was trafficked to Western and Central Europe during that period.”
“Due to some ambiguity in the current law and the uncertainty of the sentences prescribed under the law, over 12 years (2007- 2019), 2,480 cases of convicted persons successfully appealed against fines and imprisonment sentences,” Nacada says.