A Tanzanian accused of trafficking 10.2 kilograms of heroin worth Sh30 million has been jailed for 30 years.
Hussein Masoud Eid was also fined Sh90 million. Should he fail to pay the fine, he faces another five years in jail.
SENTENCE
Mombasa Senior Resident Magistrate Edgar Kagoni said the harsh sentence would act as a deterrence to anyone who might be tempted to engage in the business that has had negative impacts on Kenyan youth.
“Since the accused person appears not to have been in this alone because he was on transit, I will impose a sentence not only to punish him for agreeing to be used by the owners of the drugs, but also to deter others out there who may be tempted to traffic the narcotic drugs,” he said.
The State Counsel Erick Masila had asked the court to jail the suspect for life and fine him three times the value of the drugs he was found trafficking at Regency Park hotel in Mombasa three years ago.
30 YEARS
“I will therefore sentence the accused person to 30 years in prison and in addition fine him Sh90 million as submitted by the State, in default of the fine, he will serve a further five years in prison. The narcotics shall be destroyed,” he added.
The magistrate noted that the court was convinced that the suspect had stored the narcotics with the aim of transporting it to another location for distribution.
“I have considered the evidence by the prosecution, I am satisfied that the prosecution has proved the offence of trafficking against the accused person beyond reasonable doubt. It is the court’s findings that the accused person is guilty as charged,” the magistrate said.
Eid through his advocate Jared Magolo, pleaded for leniency claiming his client was a foreigner and had been away from his family for long time.
Mr Magolo said that during the three years the accused had had been in custody, he had reformed and was ready to integrate in the society if set free.
LENIENCY
“The suspect is remorseful and is seeking leniency, he is a first offender and a reformed person who doesn’t need to be sent to prison again. The period he has stayed in custody has achieved the purpose that the sentence would have achieved,” he said.
Having been rehabilitated, Mr Magolo said his client needed to go back to the society to take care of his four children.
The advocate asked the court not to extend punishment to the accused minors by jailing their father whom they have not seen for three years.
“What we are dealing with here is not an ordinary offence. The narcotics here is heroine and its effect on youth in this part of Kenya has been devastating. The court ought not to allow those responsible for wasting our youth to walk away with light sentences,” the magistrate said.
LIFE SENTENCE
Mr Kagoni, however, said he exercised his discretion not to impose a life sentence on the suspect though the law provided for such a punishment for that offence.
Eid was charged alongside Othmani Hamisi Tinje and Mwenda Hamisi, who were acquitted after the court found no adequate evidence linking them to the offence. Mr Masoud, Mr Tinje and Mr Hamisi had denied committing the offence on March 16, 2019 at Regency Park hotel in Mombasa town.
During their arrest, the police recovered $6100, a Madagascar currency, Tanzanian and United Arab Emirates currencies.