A middle aged man has been ordered to pay a fine of Kshs 50 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 trafficking of narcotic drugs contrary to Section 4 (ii) of the Drugs and Psychotropic Substances (Control) Amendment Act of 2022.
He was charged that on 18th of January this year at Kigumo village, in Lusogwa area of Nyahururu Sub County within Laikipia County, he and others not before the court trafficked by storing drugs namely Cannabis Sativa in a container amounting to 1,422,000 grammes valued at Kshs 41 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.
Nyahuru 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 noted that 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.
However, his defense could not sustain the evidence adduced by the prosecution and hence jailed to serve 30 years’ imprisonment if he fails to pay Kshs 50 million fine as ordered by the court.
“…Bearing the above in mind, I do find that the prosecution proved its case beyond reasonable doubt on the charge against the Accused person. The evidence it presented have produced convincing and credible evidence of charge of trafficking narcotic drugs by the Accused person. The accused person is found guilty as charged and is therefore convicted under section 215CPC” read Magistrate Larabi.
He was, however, given 14 days to appeal.
The Court also ordered that the 63 bags of the cannabis sativa produced as exhibits be destroyed in the presence of the Nyahururu Deputy County Commissioner, Area Police Commander, the DCI, the OCS Nyahururu and Public Health officials.
The Magistrate also 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.
By Antony Mwangi
