The country has been recording high numbers in drug trafficking and narcotics smuggling, behavior which has prompted the Anti-Narcotics agency to start using the new amendment law that will see drug traffickers face full force of the law.
The Narcotics, Drugs and Psychotropic Substances (Control) Act was gazetted on March 7 to pave the way for combating narcotics abuse, drugs and Psychotropic substances through issuing penalties.
Persons manufacturing, processing and transporting chemicals for illegal production of narcotic drugs will serve 20 years in prison if found guilty.
“A law enforcement officer or public officer who aids or abets any offense under this Act including through concealing the commission of any offense or colluding with any person suspected of committing any offense under this act commits an offense and shall be liable upon conviction to a fine of not less than Ksh.20 million shillings and imprisonment for a term not less than 20 years,” Reads the amendment.
Conspiring with persons outside or inside Kenya to commit offenses linked to drug manufacturing, possession and trafficking in or outside Kenya will be regarded as an offense.
The Director of Criminal Investigations (DPP) has been authorized to request for evidence where persons including foreign governments or entities have evidence or information showing a person has committed an offense.
The prosecution will also have the authority to access any encrypted communication since most drug traffickers opt to use the system in a bid to conceal communication.
The court is also allowed to issue search warrant orders on premises and install devices to retain information, As it amends penalties for persons in possession of less than a gram to a fine of not less than Ksh.5 million or a jail term of not less than 5 years or both.
Whereas a person in possession of between one and 100 grams will be fined to Ksh.30 million or 30 years imprisonment or both,with those in possession of more than 100 grams being fined Ksh.50 million or life imprisonment or both penalties.