Court orders destruction of Sh8.2 billion meth seized from Iranian vessel
Court orders destruction of Sh8.2 billion meth seized from Iranian vessel
A Shanzu court has ordered the destruction of methamphetamine valued at approximately Sh8.2 billion that was recovered from the Iranian vessel MV Mashallah, while allowing the prosecution to preserve representative samples for use in the ongoing criminal trial of six accused persons.
The court held that continued retention of the bulk consignment of methamphetamine was no longer necessary, citing security, environmental and corruption risks associated with storing such a large quantity of synthetic drugs.
The court stated that “the continued retention of the meth is neither necessary nor desirable,” noting that the drugs were being held at the Kenya Navy Base in Mtongwe under tight security arrangements. It further found that statutory safeguards under Section 74A of the Narcotic Drugs and Psychotropic Substances (Control) Act were sufficient to preserve the evidentiary value of the exhibit.
The prosecution had applied for authority to destroy the consignment, arguing that prolonged storage exposed the high-value narcotics to risks of interference, theft and degradation.
It also told the court that significant resources were being used to guard the exhibit, including a 24-hour security deployment, while raising concerns about the safety of maintaining such a volatile synthetic substance.
Defence lawyers opposed the application, arguing that destruction was premature as the trial was ongoing, with only part of the prosecution’s witnesses having testified. They maintained that the integrity and accuracy of the exhibits were central to the case and should remain available for possible re-examination or appeal.
They further argued that no sufficient justification had been given to warrant destruction at this stage.
In response, the court held that while the objection was grounded in the constitutional right to a fair trial under Article 50, “the defence has not demonstrated any specific or tangible prejudice that would be occasioned by the destruction of the bulk consignment.” It added that the law provides adequate safeguards through sampling, certification and documentation, ensuring that evidentiary integrity is maintained even after disposal of the bulk exhibit.
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The court emphasised that under Section 74A, once narcotics are seized, analysed and sampled, the remaining bulk may lawfully be destroyed, with the preserved samples and analyst certificates forming the primary evidentiary link in court. It observed that “the evidentiary value lies principally in the preserved samples, the analyst’s certificate and the certificate of complete destruction.”
In its orders, the court directed the Director General of the National Environment Management Authority (NEMA) to determine the method of destruction of the methamphetamine. It further ordered that the substance and its packaging be reweighed in the presence of the court, prosecution, defence, and relevant multi-agency representatives before destruction.
The court also directed that the destruction be carried out within 30 days under strict supervision, with secure transport from the Kenya Navy Base, Mtongwe, to the disposal site under armed escort.
Inspector Felix Orioki was appointed to oversee the process, in line with the Narcotic Drugs and Psychotropic Substances (Control) (Seizure, Analysis and Disposal) Regulations.
It further ordered that the entire process, including re-weighing, transport, destruction, and preservation of packaging materials, be fully documented through video, photographic and written records, with certification issued upon completion.
The court also directed that gunny bags used for storage be preserved as exhibits for trial purposes.
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