Cannabis — Kenya

Cannabis is illegal in Kenya. Simply having it is a criminal offence under section 3 of the Narcotic Drugs and Psychotropic Substances (Control) Act (Cap. 245). If you satisfy the court that the cannabis was intended solely for your own consumption the maximum is five years' imprisonment or a fine of up to one hundred thousand shillings, but that is something you must prove after arrest, not a personal-use allowance. Using it is a separate offence with a higher minimum penalty, the trafficking section is worded to cover mere possession with far heavier penalties banded by weight, and police may arrest without a warrant.

Possession of any narcotic drug is an offence under section 3(1) of Cap. 245. Where the person satisfies the court the cannabis was solely for personal consumption, section 3(2)(a) provides imprisonment of not more than five years or a fine of not more than one hundred thousand shillings, and the court may additionally order a treatment or rehabilitation programme of not less than six months (section 3(2)(c)). Smoking, inhaling or otherwise using a narcotic drug is a separate offence under section 5(1)(a), carrying a fine of not less than two hundred and fifty thousand shillings or imprisonment of not less than five years, or both. Section 4 on trafficking is worded to cover a person who has a narcotic drug in his or her possession, with penalties banded by quantity: 1 to 100 grams, not less than thirty million shillings or thirty years; more than 100 grams, not less than fifty million shillings or three times market value, whichever is greater, or fifty years. Police may arrest without a warrant (section 80).