Drama in Court as Man Admits He Smoked Bhang to Scare Birds from Rice Farms

Brian Macharia, a worker at the Mwea Irrigation Scheme, appeared before Principal Magistrate Martha Opanga after being caught with nine and a half rolls of cannabis sativa (bhang) valued at Ksh960.

Appearing before Wang’uru principal magistrate Martha Opanga, Brian told the court that the drug enables him chase away birds in Mwea rice farms as their destruction is causing havoc in his family rice farm.

Brian Macharia admitted to the charges of cannabis possession, offering a unique explanation in his plea for leniency by informing the magistrate that he was under the impression that using the substance was permissible, given its role in assisting him with his daily labor.

“I plead for forgiveness. I will not repeat the same offense,” Macharia told the stunned court, acknowledging for the first time that his “work aid” was indeed illegal.

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Narcotic Drugs and Psychotropic Substances (Control) Act, No. 4 of 1994

PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS

3. Penalty for possession of narcotic drugs, etc.

(1) Subject to subsection (3), any person who has in his possession any narcotic drug or psychotropic substance shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) shall be liable—

(a) in respect of cannabis, where the person satisfies the court that the cannabis was intended solely for his own consumption, to imprisonment to a term of not more than five years or to a fine of not more than one hundred thousand shillings;

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(b) in respect of a narcotic drug or psychotropic substance, other than cannabis, where a person is in possession of less than one gram, to a fine of not less than five million shillings, or to imprisonment for a term of not less than five years, or to both such fine and imprisonment; and

(c) to, in addition to the sentences in paragraph (a) and (b) respectively, committal to an appropriate court-appointed treatment programme or to voluntary submission to a rehabilitation programme for a period not less than six months, where the court deems fit.

(3) Subsection (1) shall not apply to—

(a) a person who has possession of the narcotic drug or psychotropic substance under a licence issued pursuant to section 16 permitting him to have possession of the narcotic drug or psychotropic substance; or

(b) a medical practitioner, dentist, veterinary surgeon, or registered pharmacist who is in possession of a narcotic drug or psychotropic substance for any medical purposes; or

(c) a person who possesses the narcotic drug or psychotropic substance for medical purposes from, or pursuant to a prescription of, a medical practitioner, dentist, or veterinary surgeon; or

(d) a person authorized under the regulations to be in possession of the narcotic drug or psychotropic substance.

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Macharia Fine

Macharia was therefore fined Ksh.10,000 or six months imprisonment and given 14 days to appeal if he was not satisfied.

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