NAIROBI, Kenya – An advocate has petitioned the Law Society of Kenya (LSK) to move to court and challenge new directives that centralise the handling of narcotics cases in only four magistrates’ courts, warning the move could lock out thousands of mostly young Kenyans from accessing justice.
In a letter to LSK President Faith Odhiambo, advocate Francis Wanjiku raised concerns over Gazette Notice No. 387 of 2026 issued by Chief Justice Martha Koome. The notice restricts the hearing of cases under the Narcotic Drugs and Psychotropic Substances (Control) Act to courts at Jomo Kenyatta International Airport (JKIA), Kahawa, Mombasa and Busia.
The directive has since been reinforced by a memo from the Office of the Director of Public Prosecutions (ODPP), instructing prosecutors not to register narcotics cases in local courts, regardless of the quantity involved or the seriousness of the offence.
Wanjiku argues that while the policy may have been intended to target organised, cross-border drug trafficking, its practical impact has fallen disproportionately on low-level possession cases—many involving small quantities of cannabis and first-time offenders.
“Most cases are simple possession, often involving young people, students or low-income individuals, with no international element whatsoever,” he said.
“Forcing these matters to distant courts turns access to justice into a privilege rather than a right.”
He warned that the centralisation undermines constitutional guarantees on access to justice and the right to a fair trial, while also risking severe case backlogs at the four designated courts.
The blanket approach, he added, treats minor drug possession more harshly than comparable offences such as petty theft, which continue to be handled by local magistrates’ courts.
The concerns are reinforced by data from the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA), which shows cannabis remains the most commonly used illicit drug among Kenyans aged 15 to 24, with initiation often occurring during the teenage years.
Legal experts argue that many such cases would be better suited for diversion to rehabilitation programmes rather than prolonged detention and costly, long-distance court processes.
Wanjiku also cautioned that the centralised system could be abused in a politically charged environment, particularly as the country approaches an election cycle, citing past concerns over the use of serious charges to detain young people and activists.
He has urged the LSK to challenge both the Gazette Notice and the ODPP directive on constitutional and statutory grounds, arguing that restoring the jurisdiction of local magistrates’ courts for routine possession cases is critical to safeguarding the credibility of Kenya’s justice system.
