Case Law Database

Drug offences

Offences

• Distribution/ delivery/ dispatch/ transport
• Importation/ exportation

Substances Involved

• Cocaine

Criminal case No 1365 of 2004

Fact Summary

On 14th December 2004, the Police special crime unit, the Anti narcotic unit and the General service Unit acting on information raided a go down number 20 situated at Embakasi area and found two refrigerated containers bearing serial numbers MAEU 565086 /0 and SAMU 271134/3, which belonged to Rakshap Holding - a company that deals with property development. The police broke the door to conduct a search and found the two containers securely locked. Inside were found 253 rectangular packages each weighing about 1kg in a concealment of one of the containers. Cartons with some roofing material with the writing of Venezuela embolden on them indicated the country of origin as Venezuela. In the second container was also found concealment welded at the base similar to the first. It contained 253 packages. The packages, which were wrapped in polythene papers, were found to contain cocaine.

On the same day, police raided a villa called Rocky in Malindi, situated at Causarina area at the coast of Kenya and recovered 701 packages of similar weight to the ones recovered in Nairobi concealed in a speed boat packed at the compound. Packaging equipments and materials were also recovered. The packages were found to contain cocaine.

1. The police made arrests starting with an Italian couple who owned the ROCKY house where the speed boat was found.

2. They said they had sold the house to another Italian, Ricci Pompeo.

3. Ricci Pompeo on returning to Italy sold it to Ricii Angelo and his wife Stella.

4. The couple then leased it to George Kiragu and his accomplices where they carried on undisclosed business.

5. In Nairobi the Go down was also rented to George Kiragu through a lease using the company Mid Ways Beverages which rented the go down.

6. Mid Ways was a registered company with directors not involved in this matter. The use of the company was to conceal the identity of the suspects.

7. George Kiragu at the time of investigations was in custody in the Netherlands for drug related charges.

8. The consignee of the containers was Central Valley Supplies ltd. The same containers whose numbers had changed had been seized in the Netherlands containing 295 kgs of cocaine concealed in the base.

9. The above company also purchased the speed motor boat which was found at Rocky house from a company in Spain called Franko Cespendos.

10. Further investigations revealed George Kiragu and two other Dutch nationals purchased welding materials from BOG gases and equipment with which they welded the containers.

11. An apartment in Pan Afric hotel where George rented was found with receipts relating to the shipment.

12. A car was found that assisted the two Dutch nationals to ride to the airport and the flee.

13. On 20th December 2004, Kenya received information through fax from Netherlands that 295 kgs of cocaine had been seized by the national crime squad at Campagneweg 11T Zevenbergen. Documents indicated they were shipped from Kenya using containers PCLU 433452-4 and PCLU 433452-5. They were associated with Central Valley Supplies.

14. In the Netherlands control delivery was done and arrested 5 Dutch nationals and George Kiragu. The dutch nationals lived in KENYA and were married to Kenyans and had issues of those marriages.

15. Kiragu faced charges in Kenya and in the Netherlands.

16. Letters for Mutual legal assistance to the competent authority in Netherland and for international cooperation was acceded to.

17. Cooperation was with the investigation teams and with prosecution office.

18. Kenyan Police travelled to the Netherlands and carried out joint investigations.

19. Kenyan authorities then requested for the extradition of George Kiragu

20. It was found that Kenya has no extradition treaty with the Netherlands.

21. Kiragu was convicted in the Netherlands and in Kenya his brother, the second accused, was convicted. The others were acquitted. The boat was forfeited to the state.

Commentary and Significant Features

1. Criminal organizations are involved in dealing dangerous drugs in Kenya

2. The international community shared information with Kenya( Britain)

3. There was lack of intelligence on the activities of the group within the Kenyan agencies.

-There was sufficient cooperation but lack of a comprehensive legislation limited the use of all the evidence.

-Lack of an extradition treaty with the Netherlands hampered the extradition process although the offence is extraditable.

-Lack of clear provisions on modern investigation techniques hampered the use of some of the evidence obtained in the Netherlands using such methods.

-This case showed clearly that criminal groups exist in most countries.

1. Without intelligence they cannot be easily found

2. International cooperation is key to dealing with organized crime

3. Laws must be updated to achieve uniformity

4. The use of treaties in extradition should be done away with because the procedure is quite lengthy

5. The disparity in sentencing discourages countries with severe penalties in cases of extradition requests.

Cross-Cutting Issues

Liability

... as involves

• principal offender(s)

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

United Kingdom of Great Britain and Northern Ireland

Venezuela (Bolivarian Republic of)

Netherlands (Kingdom of the)

Kenya

Investigation Procedure

Comments

Controlled delivery and undercover operations were applied by our counterparts in Britain and Netherlands.

 

International Cooperation

Involved Countries

Kenya

Netherlands (Kingdom of the)

United Kingdom of Great Britain and Northern Ireland

Legal Basis

• UNTOC

Measures

• Mutual legal assistance
• International law enforcement cooperation (including INTERPOL)

Outline

Although there was cooperation, it was limited due to lack of substantive law. There was then no witness protection, so most of the players were treated as accused and therefore feared to give information.

 

Procedural Information

Legal System:
Mixed System
Accused were tried:
separately (parallel trials)
 
 
Proceeding #1:
  • Stage:
    first trial
  • Official Case Reference:
    Criminal case No 1365 of 2004
  • Court

    Court Title

    Chief Magistrate's Court
     

    Outcome

  • Verdict:
    Guilty
  • Defendants / Respondents in the first instance

    Number of other accused:
    5
    anonymous:
    George Kiragu alias George Kinuthia
    Gender:
    Male
    anonymous:
    David Mugo Kiragu
    Gender:
    Male

    Charges / Claims / Decisions

    anonymous:
    George Kiragu alias George Kinuthia
    anonymous:
    David Mugo Kiragu
    Charge:

    Trafficking in narcotic drugs

    Statute:
    Narcotic drugs and psychotropic substances control Act no 4 of 1994section 4(a)
    Verdict:
    Guilty
    Charge:

    unlawful permitting premise to be used for the purposes of sale or distributing of Narcotic drugs

    Statute:
    Narcotic drugs and psychotropic substances control Act no 4 of 1994section 5 (10)
    Term of Imprisonment:
    20 years
    Fine / Payment to State:
    20000000  Kenyan Shillings  (100,000-500,000 USD)

    Sources / Citations

    UNODC