A Lamu court on Tuesday fined a man Sh50 million or, in default, sentenced him to 10 years’ imprisonment after convicting him of trafficking narcotic drugs.
Resident Magistrate Flavian Mulama found Abdulrahman Issa guilty of trafficking cannabis sativa and diazepam by storing the drugs, contrary to the Narcotic Drugs and Psychotropic Substances (Control) Act.
The accused committed the offence jointly with others not before the court on March 12, 2026, at Tchundwa Village in Lamu East Sub-county, Lamu County.
Police officers on patrol found the convict carrying an orange bag.
Upon searching it, they recovered 250 grams of Cannabis sativa, 10 diazepam tablets, a roll of partially smoked bhang, a razor blade, a metallic spoon, a transparent side plate, a broken tile, and a matchbox.
In his defence, Issa denied possessing the narcotics, claiming that police recovered the exhibits from his father’s house after arresting him alongside two other men. However, he did not call either of them to testify.
In his judgment, Mulama held that the prosecution had presented consistent, credible, and corroborated evidence through the testimony of all three witnesses, establishing that the accused was found in possession of the orange bag containing the narcotics and other exhibits.
The magistrate ruled that the prosecution, led by Counsel Idris Kipruto Tomno, presented three witnesses whose evidence, together with the exhibits produced in court, proved the charge beyond reasonable doubt.
He further held that there were no material inconsistencies capable of weakening the prosecution’s case.
Mulama found that the accused’s defence amounted to mere denials and was unsupported by any independent evidence.
Although he claimed he had been arrested with two other men, the magistrate noted that he failed to call either of them as witnesses, leaving the prosecution’s evidence on the crucial issue of possession unchallenged.
Mulama also found that the circumstances of the arrest pointed to drug trafficking rather than personal use.
He observed that the razor blade, metallic spoon, transparent side plate, and partially smoked bhang recovered alongside the narcotics were consistent with the preparation and repackaging of drugs for distribution.
The magistrate further relied on the Government Chemist’s report, which confirmed that the recovered substances were cannabis and diazepam, both classified as narcotic drugs under the law.
He noted that the report was not challenged by the defence.
“The prosecution’s evidence outweighs that of the defence,” the magistrate ruled, adding that the charge had been proved to the required legal standard.
He consequently convicted the accused under Section 215 of the Criminal Procedure Code for trafficking narcotic drugs by storing them before sentencing him to pay a fine of Sh50 million or, in default, serve 10 years’ imprisonment.
The court informed the convict of his right to appeal against both the conviction and sentence within 14 days.
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