New Bill proposes harsh penalties for drug traffickers

Individuals found trafficking in narcotics in the country risk punitive penalties should Parliament enact a proposed law.

The Narcotics, Drugs and psychotropic Substances (Control) (Amendment) Bill, 2020, currently before the National Assembly, proposes a fine of up to Sh50 million and life imprisonment for those found trafficking in the narcotics.

The Bill, sponsored by the National Authority for the Campaign Against Alcohol and Drug Abuse (Nacada) but moved by Kiambaa MP Paul Koinange, also targets law enforcement officers who collude with drug traffickers to defeat the cause of justice.

Mr Koinange chairs the Administration and National Security Committee of the National Assembly that oversights Nacada.

The Bill seeks to deal with the manufacturers of substances used as raw material for drugs and users of banned substances in what could be the turning point in the fight against narcotics in the country.

“The principal object of the Bill is to amend the Narcotics, Drugs and Psychotropic Substances (Control) Act in order to enhance penalties for possession and trafficking in narcotics and psychotropic substances,” the Nacada sponsored Bill reads in part.

According to the Bill, the outlawed drugs include ephedrine, ergometrine, ergotamine, lysergic acid, phenyl-2 propanone, pseudoephedrine, acetic anhydride, acetone, anthranilic acid, ethyl ether, phenylacetic acid and piperidine.

If the Bill becomes law in its current form, it will be a serious blow to druglords and traffickers in the country, long singled out as a key transit route for drugs, most of which originate from Asia and South America.

Kenya’s identification as a major trafficking hub could be attributed to its porous borders, geographical location, weak laws and corruption among law enforcement officers.

The Bill sets down penalties commensurate with quantities of the narcotics impounded by law enforcement officers.

For instance, suspects caught in possession of more than 101 grammes of the narcotics will receive the harshest penalty of Sh50 million or imprisonment for life.

Those in possession of 51-100 gms risk fines of not less than Sh30 million or a jail term of not less than 20 years.

Individuals found in possession of between 0.1-50 gms will be subjected to fines of not less than Sh20 million or jail term of not less than 15 years or both.

Those found smoking narcotic substances such as bhang will be fined Sh250,000.

Those found in possession of equipment used for production of narcotics substances or allows their premises to be used for production of such drugs face fines of not less than Sh20 million and imprisonment of not less than 10 years.

The absence of tough conditions in the current laws has helped the illegal trade to bloom as the drug traffickers get lenient sentences and fines.

The current law imposes a fine of Sh1 million, or three times the market value of the drug or whichever is greater.

Nacada, established to fight narcotics use in the country, says the market value of the drugs informs the fines and imprisonment imposed on convicted persons.

“Penalties imposed under the law are lenient, allowing drug traffickers to pay fines and continue with their illicit activities. They keep changing as the sentences continue to vary,” says Nacada.

Due to uncertainty of the sentences prescribed under the law, over the span of 12 years, 2,480 cases were filed at the High Court by convicted persons who successfully appealed against the fines and imprisonment sentences imposed on them in magistrates’ courts.

“The law is outdated and 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,” Nacada says.

The proposed changes come at a time when the government revealed there is an increase in trafficking of bhang from Ethiopia to Kenya which has been linked to terrorism.

Recently, the Directorate of Criminal Investigations (DCI) arrested individuals behind an estimated Sh20 million bhang that had been smuggled into the country.

It is proceeds from such illicit trade that terrorists are now using to finance their activities.

Under the proposed law, police officers, investigators and public servants who assist drug traffickers carry out their trade will be liable to fines of not less than Sh20 million, imprisonment for a term of not less than 20 years or both upon conviction.

The Bill further sets out tough penalties for persons who manufacture or are in possession of precursor chemicals for the purpose of production of any narcotic drug or psychotropic substances and those who transport such materials.

They will face fines of not less than Sh50 million and imprisonment for terms not less than 20 years.

The proposed law seeks to extend its authority outside Kenya as the proposed fines will also apply to conspirators who reside outside the country.

According to Nacada, in 2018, the Judiciary recorded a 44.1 per cent increase in cases of narcotics compared to similar cases it handled in 2017.

These cases entailed 2,268 individual crimes of possession of dangerous drugs that include cannabis sativa (bhang), which confirms the magnitude of drug trafficking in the country.