Republic v Malik (Criminal Case E143 of 2025) [2025] KEMC 314 (KLR)
The bottom line
#A Kenyan court jailed a young man for three years for transporting doping substances, confirming that guilty pleas cannot reduce sentences below statutory minimums.
What this practically means
#Executive summary
#Key legal issues
#Sentencing on guilty pleas under the Sentencing Guidelines, 2023
The guilty plea attracts a discount, but the Anti-Doping Act carries a mandatory minimum sentence of not less than three years which the court cannot go below
The court applied paragraphs 4.3.1 and 4.3.9 of the Sentencing Guidelines, 2023, recognising the benefits of a guilty plea (reduced impact on victims, saving witnesses and public resources), but held that where a mandatory minimum applies the discount cannot reduce the sentence below the statutory floor. Aman pleaded guilty to all four counts, which the court took into account, yet counts 2–4 under section 42(2)(a) of the Anti-Doping Act each attracted the three-year minimum.
Aggravating circumstances: entrenchment in doping rather than mere misguided youth
The agreement with Reuben Mosin, under which Aman was to supply everything necessary to ensure Reuben wins in exchange for half his winnings, elevated Aman from a misguided youth to a person deeply entrenched in doping
Despite mitigation portraying the accused as an ambitious, immature youth who came to Kenya to train, the court found a one-page agreement dated November 19, 2024 in the inventory showing a premeditated arrangement to supply prohibited substances in exchange for a share of winnings. Together with the scale of substances in his suitcase, this demonstrated knowledge and commercial intent, aggravating sentence.
Scope of the Anti-Doping Act, 2016 relative to international anti-doping norms
Kenya's domestic anti-doping regime, incorporated through ratification of the UNESCO Convention and the Anti-Doping Act, 2016, extends liability beyond athletes to non-athletes who traffic in prohibited substances
The court traced the international framework (UNESCO International Convention against Doping in Sport and the WADA Code) and observed that the Convention targets athletes, but section 2 of the Anti-Doping Act, 2016 defines doping as the use of prohibited substances in any sporting activity, competitive or recreational, widening regulation to non-athletes. The Act also adopts WADA's Prohibited List.
Weight of Victim Impact Statements from regulatory and sporting bodies
Victim Impact Statements from the Pharmacy and Poisons Board, ADAK and Athletics Kenya demonstrated widespread health, economic and reputational harm from doping, justifying a robust sentence
The court considered detailed statements on health and clinical harms to athletes, damage to clean athletes and national reputation, the risk to Kenya's hosting rights (WADA's 21-day notice), the scale and sophistication of the operation with international links, and Athletics Kenya's zero-tolerance stance, all of which informed the severity of the sentence.
Legal principles established
#- A guilty plea at the earliest opportunity ordinarily mitigates sentence, but where a mandatory minimum sentence is prescribed by statute the court cannot go below that minimum
- Kenya's Anti-Doping Act, 2016 extends the anti-doping regime beyond athletes, creating criminal liability for non-athletes who unlawfully transport prohibited substances
Court orders
#- 1.Count 1: fine of Kshs 1 million, in default 12 months imprisonment
- 2.Count 2: three years imprisonment
- 3.Count 3: three years imprisonment
- 4.Count 4: three years imprisonment
- 5.All sentences on Counts 1, 2, 3 and 4 to run concurrently
- 6.14 days right of appeal granted
- 7.Upon completion of the prison term or if no appeal within 14 days, P-exhibit 1 (passport and Yellow Fever Card), phone and school leaving certificates to be returned to Aman or his advocate by the investigating officer
- 8.Investigating officer to make photocopies of the passport and Yellow Fever Card for the court record within 14 days
- 9.If no appeal within 14 days, items in Counts 2, 3 and 4 that are the domain of ADAK to be surrendered to ADAK, with a signed inventory filed at the next mention
- 10.All other substances not classified as prohibited under the Anti-Doping Act forfeited for disposal to the Pharmacy and Poisons Board under section 46(3) of the Pharmacy and Poisons Board Act if no appeal within 14 days
- 11.Upon completion of the prison term, Aman to be repatriated through the Immigration Department to his country of origin
- 12.Mention on October 29, 2025 to confirm the orders
- Jurisdiction invoked
- Criminal jurisdiction under the Pharmacy and Poisons Act (Cap 22), the Pharmacy and Poisons (Amendment) Rules, 2022 and the Anti-Doping Act, No. 5 of 2016, following guilty pleas
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Malik (Criminal Case E143 of 2025) [2025] KEMC 314 (KLR)", Case Analysis (2025). Criminal Case E143 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/314/eng@2025-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.