It is the end of the road for a Mombasa-based woman involved in trafficking narcotics after the Director of Public Prosecutions detailed to court overwhelming evidence of her dealing in prohibited drugs worth Sh275 million.
Fatuma Ahmed Ali was slapped with a 40-year in prison and a fine of Sh825, 642,000 in a judgement by Principal Magistrate Martin Rabera and delivered by Senior Resident Magistrate David Odhiambo.
The accused, who was jointly charged with her late husband, notorious drug baron Swaleh Yusuf Ahmed, alias Kandereni, was convicted for trafficking heroin worth Sh275 million.
The Prosecution led by Senior Prosecution Counsel Barbara Sombo, told court that on September 20, 2018, at Kikambala Housing Estate in Kilifi County, the two accused, with others not before the court, trafficked narcotic, heroin weighing 91,738 grams and valued at over Sh275 million.
They concealed the drugs in two brown suitcases and a gunny bag stored within a residential house.
This act was in direct contravention of the Narcotic Drugs and Psychotropic Substances (Control) Act.
Swaleh Yusuf Ahmed faced a second charge of trafficking in psychotropic substances.
However, the court dropped charges against him after he died under mysterious circumstances.
Swaleh’s body was discovered at Kiruwitu near Vipingo in Kilifi, nine days after he was reported missing.
Prior to his death, the court had placed him on his defence after the prosecution established a prima facie case against him.
While making a submission on sentencing, the prosecution counsel, Barbara Sombo, opposed the accused receiving a non-custodial sentence, which the accused had requested through her advocate, Wangila.
Sombo further submitted that the court should consider the weight of narcotics seized in the accused house, to wit 91,735 grams, which if the drugs would have reached the market, would have ruined 91,000 lives if the same was to be sold in 1 gram.
In delivering the judgment, Rabera noted that the prosecution had provided compelling evidence, including testimonies from officers who had conducted the raid at the accused’s residence.
Rabera noted that the prosecution had provided compelling evidence, including testimonies from officers who had conducted the raid at the accused’s residence.
The officers gave a detailed account of how the exhibits were recovered in the presence of the public, with no indication that the items were planted.
“There is no evidential gap to suggest that the exhibits were tampered with or planted; having reviewed and analyzed all the evidence, I find the charges against the accused proven beyond a reasonable doubt.
The accused is hereby convicted as charged,” Rabera ruled.
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