NAIROBI, Kenya Apr 24 – The High Court in Makadara has upheld the conviction of three appellants found guilty of trafficking in narcotic drugs, affirming lengthy prison sentences and fines in a case involving more than 570 kilograms of cannabis valued at over Sh17 million.
In the judgment, Justice J. Wakiaga dismissed the consolidated appeals filed by Stephen Sifuna Wekesa, Reuben Kioko Kimanthi, and Elizabeth Wanjiku, ruling that the prosecution had proved its case beyond reasonable doubt.
The court heard that the appellants were arrested following a police operation in Mihango, Embakasi, on April 26, 2023, where officers recovered large quantities of cannabis concealed in a Probox vehicle allegedly used for conveyance and a storage facility linked to the third appellant.
The total seized narcotics included 303.2 kg and 268.9 kg of cannabis, according to valuation and analysis reports presented in court.
Justice Wakiaga held that the prosecution evidence demonstrated a coordinated operation involving all three appellants.
The court noted that the first appellant was linked to securing and using the vehicle used to transport the drugs, the second appellant was found in possession of the vehicle during the operation and the third appellant controlled the storage facility where additional narcotics were recovered.
The judge rejected claims that the conviction was based on suspicion, finding instead that the evidence showed a clear joint enterprise and common intention.
The appellants had argued that the case was based on circumstantial evidence, inconsistencies, and poor chain of custody. However, the court found that the defence did not displace the prosecution’s evidence.
Justice Wakiaga ruled that the testimonies of police officers, the landlady, and forensic experts established a continuous and credible chain of custody for the seized exhibits.
The High Court also upheld the original sentences, which included 25 years imprisonment and a Sh50 million fine for the first appellant, 23½ years imprisonment and a Sh50 million fine for the second appellant and 13½ years imprisonment and a Sh50 million fine for the third appellant.
The court ruled that the sentences were lawful, proportionate, and within judicial discretion under the Narcotic Drugs and Psychotropic Substances Control Act.
The High Court concluded that there were no grounds to interfere with either the conviction or sentence, dismissing all appeals in their entirety.