By: Cyrus Kimanga
As President William Ruto intensifies the fight against narcotics trafficking, a court in Kiambu County has handed stiff penalties to five Nigerian nationals convicted of drug-related offences.
The five were sentenced at the Kahawa Law Courts after pleading guilty to various counts of being in possession of narcotic drugs and unlawfully being in Kenya.
In the case, Memunat Funmilayo, Idris Bisoye, and Warris Babatunde the first to third accused persons—were charged with being in possession of 118.3 grams of cannabis with an estimated market value of Sh3,549. They were also charged with possession of 28 tablets of flunitrazepam valued at Sh1,400.
The fourth and fifth accused persons, Halimat Bose and Monsurat Enny, were separately charged with being in possession of 13.22 grams of cannabis valued at Sh396.60.
All the five foreign nationals were further charged with unlawfully being present in Kenya. They pleaded guilty to the charges during their first appearance before Senior Principal Magistrate Gideon Kiage.
While delivering the sentence, Magistrate Kiage cited Section 3(1) of the Narcotic Drugs and Psychotropic Substances Act, which criminalises possession of narcotic drugs and psychotropic substances. He explained that sentencing under the law depends on the type and quantity of the substance involved.
The court noted that under Section 3(2) of the Act, a person found in possession of cannabis intended for personal use faces a sentence of up to five years’ imprisonment or a fine not exceeding Sh100,000, or both. However, Section 3(2B) prescribes a mandatory penalty for possession of narcotic drugs or psychotropic substances other than cannabis, even where the quantity is less than one gram, attracting a fine of not less than Sh5 million, a prison term of not less than five years, or both.
In count one, the first, second, and third accused persons were each fined Sh30,000 for possession of cannabis.
In count two, relating to possession of flunitrazepam, the court imposed the mandatory sentence under Section 3(2B), fining each of the three accused Sh5 million, in default of which they will serve five years’ imprisonment.
The court further ordered that all five convicts be repatriated to Nigeria upon completion of their jail terms or upon payment of the fines.
