The Court of Appeal in Malaysia handed a Kenyan woman a lesser sentencing after reviewing her case in which she was found guilty of trafficking drugs and other illegal substances.
On Thursday, July 20, the appellate court overturned an earlier ruling that had handed the woman a death sentence. Instead, it convicted her to 12 years in prison starting in 2016 when she was arrested.
The prosecution presented sufficient evidence, thus incriminating the convict who was accused of attempting to enter the country with banned substances via the Kuala Lumpur International Airport in Sepang.
According to police reports, the drugs were found hidden in her bag's lower and upper compartments, wrapped inside wooden layers and black fabric.
Her lawyer, nonetheless, argued that the convict fell prey to a well-organised syndicate that lured her to traffick drugs to the Asian country.
In his presentation, he also argued that the Kenyan native was from a poor background, which acted as a major factor in her recruitment. The attorney thus requested the court to release the mother of four to make ends meet for her children.
The lawyer's presentation convinced the court, especially after he proved that the convict had reformed.
However, his prayer to have his client be sentenced to nine years in jail was denied, with the judge settling on 12 years instead.
Malaysia's Dangerous Drugs Act was enacted to ban the importation, exportation, manufacture, sale, and use of prohibited drugs and substances.
"Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Act and shall be punished on conviction with death or imprisonment for life and shall if he is not sentenced to death, be punished with the whipping of not less than fifteen strokes," the act adds.
In May 2023, the Malaysian government sought to decriminalise the possession and use of small quantities of illicit drugs.
The government pursued the changes with proposed laws also to decriminalise suicide attempts. In the new law, suspects found in possession of drugs will be rehabilitated alongside being subjected to criminal charges.
