In response to the International Conventions on Narcotic Drugs and Psychotropic Substances, the Government of Kenya enacted in 1994 the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4. The main features of this Act which incorporates various provisions of the three UN treaties are:- • Prohibition of possession of, and trafficking in narcotic drugs and psychotropic substances and cultivation of certain plants, with stiff penalties and punishments provided for such as:- • imprisonment for live for trafficking in any narcotic drug or psychotropic substance and in addition, a fine of one million shillings or three times the market value of the narcotic drug or psychotropic substance, whichever is greater; • imprisonment for ten years in respect of possession of cannabis meant for personal consumption or twenty years imprisonment in any other case other than for personal consumption; and imprisonment for twenty years for possession of a narcotic drug or psychotropic substance other than cannabis meant for personal consumption or a fine of not less than one million shillings or three times the market value of the narcotic drug or psychotropic substance, whichever is greater, or imprisonment for life, in other case. • Forfeiture of land used for cultivation of prohibited plants., • Money laundering, which attracts imprisonment on conviction for up to 14 years • Forfeiture of proceeds of drug trafficking
• Assistance in international investigations in aspects such as:- • evidence collection within and outside Kenya;
• service of warrants and other instruments;
• other assistance to be provided whether pursuant to a treaty or arrangement between Kenya and any country.
3.1 SHORTCOMING OF THE ACT
As the Act is...