A 27-year-old woman has been slapped with a Sh100,000 fine or in default to serve six months imprisonment after being found guilty by a Kericho court of trafficking and possession of 29 kilograms of bhang with a street value of Sh870,000.
The accused, Lydia Chemutai was arraigned before Kericho Senior Resident Magistrate (SRM) Japhet Bii was charged with trafficking in narcotic drugs contrary to section 4 (a) of the narcotic drugs and psychotropic substances control act no.4 of 1994.
She also faced an alternative count of being in possession of narcotic drugs.
The accused person committed the offence on 23 December 2023 at Nyagacho in Kericho East sub-county within Kericho County where she was found trafficking the 29 kilograms of bhang of an approximate street value of Sh870,000 that was not in medicinal form, by storing it in her house.
The prosecution produced four witnesses who gave collaborating evidence against the accused.
The court heard that on the fateful day two police officers from Nyagacho police station received a tip off from a member of the public that there was a woman in possession of bhang in her house.
The two police officers rushed to the place and on conducting a search they found bhang which was packed in several polythene bags packed with bhang in two gunny bags while the accused was hiding under the bed.
The accused was arrested and escorted to Nyagacho police station where she was charged with the offence.
A government analyst testified before the court revealing that the two gunny bags he received containing bhang underwent analysis and they were found to be cannabis which falls under the psychotropic substance. An exhibit memo form and report were tabled before the court as exhibits in the case.
Chemutai in her defense gave an unsworn testimony stating that on 10 November 2023 she had separated with her husband and went back to her home and when she came back when found police officers in her house who informed her that there was bhang claiming it was hers. She added that she was arrested and brought to court.
The accused said that she did not know the bhang was in the house.
The accused was out on a bond of Shs 500,000.
The SRM Bii acquitted the accused for the first count stating the prosecution did not bring out the necessary ingredients to prove the accused was trafficking the bhang.
“The accused says she had gone away from the house and did not know the drugs were in the house. I am inclined to give the accused the benefit of doubt of this court and acquit her under Section 215 of the Criminal Procedural Code (Cap 215) Laws of Kenya,” said SRM Bii.
On the second count the prosecution provided evidence without a doubt that the accused was found in possession of the bhang.
“The evidence as adduced by the prosecution is that the drugs were found in the house in which the accused was in. It is said the accused was hiding under the bed. This piece of evidence was not contested by the accused, I find that even if the drugs did not belong to the accused person, she must have known that the drugs were in the house one way or another. I find the prosecution’s case of being in possession of narcotic drugs been sufficiently been proved. The accused is found guilty on the alternative charge and consequently convicted under section 215 of the Criminal Procedural Code (CPC) Laws of Kenya,” said Bii.
The court reminded the accused of their right to appeal the sentence within 14 days if dissatisfied.
By press time the accused, a mother of one had not managed to raise the Sh100,000 fine and was escorted to Kericho GK women prison to begin her six months imprisonment.
By Sarah Njagi