Republic v Amusavi (Criminal Case 1186 of 2023) [2025] KEMC 337 (KLR)

Nakuru Law Courts (Magistrates' Court)

11 December 2025

PNPA NDEGE

420 words in judgment

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The bottom line

A Kenyan court fined a first-time drug trafficker Kshs. 1 million plus jail time, saying the law left it no discretion to be lenient.

What this practically means

Executive summary

This is a sentencing decision following the conviction of Vogan Amadini Amusavi upon trial for trafficking narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act. The court found him guilty of trafficking cannabis sativa (bhang) with a street value of Kshs. 2,100/- and proceeds of Kshs. 3,100/- at Green site area in Nakuru North sub-County on 21 May 2023, while on board a motor cycle registration number KMBG 403 A. The drugs were not in medicinal preparation form. The accused was a first-time offender with no previous record furnished by the prosecution, and he pleaded for forgiveness. The court examined section 4(a), which prescribes a fine of one million shillings or three times the market value of the drug, whichever is greater, and in addition imprisonment for life. Observing that its hands were tied by the prescribed fine, the court fined the accused Kshs. 1,000,000/-, with 12 months imprisonment in default under section 28(2) of the Penal Code, and in addition 5 months imprisonment regardless of payment of the fine. The court ordered the cannabis exhibit (PEXH. No. 1) destroyed once the 14-day appeal period lapses without an appeal, with a certificate of destruction to be placed on file. The accused's 14-day right of appeal was explained. No authorities were cited and no costs order was made.

Key legal issues

Applicable sentence for trafficking cannabis sativa under section 4(a) of the NDPS Act

Holding

The court imposed the mandatory fine of Kshs. 1,000,000/- with a 12-month default term under section 28(2) of the Penal Code, plus an additional 5 months imprisonment, notwithstanding the accused being a first-time offender who pleaded for forgiveness

Reasoning

The court considered the accused's status as a first-time offender and his plea for forgiveness but found itself constrained by the mandatory penalty provision in section 4(a), which prescribes a fine of one million shillings or three times the market value of the drug, whichever is greater, and in addition imprisonment for life. The court stated its hands were tied to the prescribed fine sentence.

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Legal principles established

Trafficking in a narcotic drug attracts a mandatory fine of one million shillings or three times the market value, whichever is greater, in addition to imprisonment for life, under section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act

Court orders

1.Accused fined Kshs. 1,000,000/-, in default he shall serve 12 months imprisonment as provided for in section 28(2) of the Penal Code
2.In addition, the accused shall serve 5 months imprisonment regardless of whether he pays the fine or not
3.The cannabis produced as PEXH. No. 1 shall be destroyed once the 14 days appeal period lapses, and if no appeal has been filed; upon destruction, a certificate to that effect shall be put in the file
4.14 days right of appeal explained

Authorities

Legislation

Narcotic Drugs and Psychotropic Substances Control Actsection 4(a)
Penal Codesection 28(2)

Jurisdiction invoked: Section 4(a) of the Narcotic Drugs and Psychotropic Substances Control Act; section 28(2) of the Penal Code

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Republic v Amusavi (Criminal Case 1186 of 2023) [2025] KEMC 337 (KLR)", Case Analysis (2025). Criminal Case 1186 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/337/eng@2025-12-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.