How government Chemist's delays make drug suspects walk free
With cash the primary mode of transaction in the illicit drug trade, its increase in circulation may exacerbate the illicit drug trade.
What you need to know:
- Police are particularly disturbed by prosecution counsels' demands for reports from the government chemist to confirm the substances as actual bhang.
- Prosecutors often decline to approve charge sheets until the government chemist's report is available. These reports from Nairobi can take a long time, forcing police to release suspects on bail.
Police have expressed frustration with the Director of Public Prosecutions (DPP) over delays in prosecuting cases involving narcotics and substance abuse.
Nation.Africa has learnt of the silent struggle faced by police trying to prosecute suspects found in possession of narcotics such as bhang (Cannabis Sativa).
Police are particularly disturbed by prosecution counsels' demands for reports from the government chemist to confirm the substances as actual bhang.
The government chemist should provide forensic science and analytical laboratory services to the criminal justice system and public and environmental health systems.
It is also the national focal point for the implementation of the Chemical Weapons Convention (CWC) and serves as the secretariat for the national Chemical, Biological, and Radiological and Nuclear Centre of Excellence (COE) initiative.
Nakuru East Sub County Police Commander Mohamed Wako revealed that these demands derail efforts against the war on drugs as suspects exploit this gap.
According to Wako, prosecutors often decline to approve charge sheets until the government chemist's report is available. These reports from Nairobi can take a long time, forcing police to release suspects on bail.
“We do not have a government chemist in Nakuru so we are forced to take the samples to Nairobi or Kisumu and wait for a period which we cannot ascertain. This forces us to grant the suspects cash bail as we wait for the results,” said Mr Wako.
Getting a report from the chemist can take between one and six months, depending on the chemist's workload and chemical availability.
"Sometimes we take the samples to the chemist only to be told there are no testing chemicals, and we have to wait until they are procured. This takes a long time,” Mr Wako added.
The officer noted that drug abuse cases have been on the rise in the county, while many cases are dragging on in court, sometimes taking up to four years to conclude.
“Once we give suspects bail, they go back to their business and sometimes interfere with investigations. As cases drag on, officers are transferred, and witnesses despair, making prosecution very difficult,” said Mr Wako.
The DPP, however, absolved itself from blame, arguing that testing of all narcotics is a legal requirement.
Some bales of bhang seized by police in Wajir County on April 4, 2021.
Hassan Abdi of the DPP Nakuru office stated that prosecutors must prove to the court that the substance is what they are charging the suspect with.
“Even when suspects plead guilty, the court may demand proof of the substance before delivering a sentence. We have seen many trial court decisions overturned by the high court due to the absence of a report,” said Abdi.
He challenged police officers to submit samples before presenting charges for approval.
Mr Abdi indicated that the requirement for the report applies to many drugs and substances.
“It is a challenge for prosecutors to secure convictions, so it is important that everyone does their part without blaming others,” said Abdi.
On Thursday, police in Nakuru arrested one person with a consignment of bhang of unknown value weighing 100 kilogrammes.
The consignment was confiscated at the Mashambani bus terminus within the city’s Central Business District following an operation.
Wako said the narcotics had originated from Kisumu County for sale in Nakuru.
The police boss said they are pursuing more suspects alleged to be involved in the peddling of drugs into the county.
According to the National Authority for the Campaign against Alcohol and Drug Abuse (Nacada), the use of bhang has been on the rise.
Nacada boss Dr Anthony Omerikwa regretted that consumption of the narcotic has risen in the last five years, becoming a major concern.
“Consumption of bhang in the last five years has gone up by 90 per cent, and based on 2022 research, nearly a million Kenyans are using cannabis sativa; that is, one in every 53 people are using this drug in the country,” said Dr Omerikwa.
Data from a Nacada survey released last year reveals that 518,807 Kenyans aged 15–65 are currently using cannabis, translating to a national prevalence rate of 1.9 per cent.
It showed that a total of 193,430 youth aged 15–24 years (one in every 37) were currently using cannabis, translating to a 2.7 per cent prevalence.
The figure for those aged 25–35 is 174,142 (one in every 48), translating to a 2.1 per cent prevalence rate.
The data shows that overall, 234,855 Kenyans aged 15–65 years, or one in every 111, are addicted to cannabis and exhibit severe substance use disorders.
The number of bhang addicts in the 15–24 age bracket stands at 90,531 (one in every 77); the number of 25–35-year-olds is 100,468 (one in every 83), giving an overall addiction rate of 47.4 per cent.
