Confiscating properties of drug dealers is key to ending menace

Kenya is in the throes of a silent war, one that continues to undermine our economy, threaten national security, and destroy the lives and potential of our people, particularly the youth. The fight against drug and substance abuse is no longer just about seizing sachets of illicit brew or intercepting suspicious packages at our borders. It is about going after the very lifelines that sustain this criminal enterprise; the land, premises, vehicles, and financial networks that enable drug traffickers and illegal alcohol manufacturers to flourish.

At the National Authority for the Campaign Against Alcohol and Drug Abuse (Nacada), we have stepped up our interventions with renewed vigour and strategic focus. One of the key areas we are advocating for, in collaboration with other government agencies, is the confiscation and repossession of assets used in the promotion, manufacture, and distribution of illicit drugs and alcohol. It is our strong view that the subsequent return of these assets to the State will be a great step towards deterring engagement in the vice. This is necessary if we are to dismantle the profit motive behind this destructive trade.

Kenya’s laws already provide the legal backing for this approach such as the Proceeds of Crime and Anti-Money Laundering Act, which empowers the State to seize assets acquired through criminal means. Under Section 92 of the Act, the High Court may issue a forfeiture order where it is established that a property was either obtained from or used in the commission of a crime. Similarly, the Narcotic Drugs and Psychotropic Substances (Control) Act, 1994, allows for the forfeiture of vehicles, buildings, or land used in the storage or trafficking of narcotics. The Alcoholic Drinks Control Act, 2010, also provides for the closure of premises used to brew or distribute illicit alcohol.

One of our recent crackdowns in Kisii brought this issue into sharp focus. Acting on intelligence reports, Nacada led a multi-agency operation in Mwamogeza village, Daraja Mbili sub-location, that uncovered large-scale chang’aa manufacturing and packaging site on a four-acre parcel. In another crackdown within the same county, hidden in rental houses, we recovered seven 50kg sacks, four 90kg sacks, and two large carrier bags of suspected cannabis sativa. Shockingly, this operation was being conducted in broad daylight. We discovered an industrial-level enterprise thriving at the heart of the community.

The suspected owner of the illegal business managed to evade arrest as he has done several times before. However, three other suspects were apprehended and are currently assisting with investigations. While the drugs were confiscated, the premises remain intact, leaving the door open for the same or other criminals to continue operations once the dust settles.

As a deterrence, we must go a step further to seize and repossess such assets. It is our conviction that the four-acre compound, among many other such assets, should no longer be in private hands; it should be reverted to the State and converted into a facility that serves the community, perhaps a rehabilitation centre, vocational training school, or a youth empowerment hub. That is justice, and it is also deterrence.

Forfeiture is not about punishment alone, it is about dismantling criminal networks. When traffickers know that not only will they be arrested, but their homes, warehouses, land, and vehicles will be taken away permanently, they will think twice. It is about shifting the risk-reward balance and draining the swamp in which these illegal operations thrive.

We also call upon citizens to support this cause. Many times, these illegal breweries and narcotics dens operate in full view of communities who feel powerless to act. 

Dr Omerikwa is the CEO of the National Authority for the Campaign Against Alcohol and Drug Abuse