Authorities to start using anti-narcotics law after amendments and gazettement » Capital News

NAIROBI, Kenya, Mar 27 – The Anti-narcotics agencies will now start using an amended law to nab drug traffickers and narcotic smugglers in a bid to end the country of increased cases of illicit drugs.

This is after the Narcotics, Drugs and Psychotropic Substances (Control) Act was gazetted on March 7 paving way for the implementation of the law.

The law provides the framework for combating abuse of narcotics, drugs, and psychotropic substances by issuing several penalties.

Persons found to be manufacturing, possessing or transporting chemicals for unlawful production of a narcotic drug risks imprisonment for a term not less than 20 years.

It also 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 Sh20 million shillings and imprisonment for a term of not less than 20 years,” the amended act reads.

The amended Act 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 Director of Public Prosecutions (DPP) has been mandated to request for evidence where a person including foreign governments, or an entity alleges or have information that person has committed offences.

To enhance prosecution, the law has mandated the prosecution to access any encrypted communication as most drug traffickers use the system to avoid conceal communication.

The court may also make orders for a police officer to enter premises and to install devices to intercept or retain specific information.

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.