By Grace Gilo
Fatuma Ahmed Ali, a Mombasa-based woman involved in trafficking narcotics, has been sentenced to 40 years in prison and a fine of Ksh. 825, 642,000 in a judgement made by Principal Magistrate Martin Rabera and delivered by Senior Resident Magistrate David Odhiambo.
The accused, who was charged alongside her late husband, Swaleh Yusuf Ahmed, also known as Kandereni, was convicted of trafficking heroin worth Ksh. 275,214,000.
According to the Director of Public Prosecutions, the Prosecution, led by Senior Prosecution Counsel Barbara Sombo, told the court that on 20th September 2018, at Kikambala Housing Estate in Kilifi County, the accused, along with others not present in court, trafficked narcotic drugs, specifically heroin weighing 91,738 grams, valued at over Ksh. 275 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,” stated the ODPP.
Swaleh Yusuf Ahmed was also charged with trafficking psychotropic substances, however, the court dismissed these charges following his mysterious death.
His body was found 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 submitting sentencing, the prosecution counsel the request for a non-custodial sentence made by the accused through her attorney, Mr. Wangila.
“Ms. 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 had reached the market, would have ruined 91,000 lives if the same was to be sold in 1 gram,” the ODDP noted.
In his judgment, Hon. Rabera acknowledged 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,” Magistrate Rabera ruled.