The High Court at Kibera has reduced the prison sentence of a Thai national, originally set at 27 years, to 17 years for his conviction of trafficking over two kilograms of cocaine.
Justice Diana Kavedza determined that while Netima Ngamsap’s conviction was valid, the initial sentence imposed by the trial magistrate was excessive for a first-time offender.
Ngamsap faced arrest on June 22, 2023, at Jomo Kenyatta International Airport while preparing to board a Qatar Airways flight to Doha, en route to Singapore. Officers from the Anti-Narcotics Unit identified and escorted him for further examination.
He carried a greenish traveling bag and a black-and-white handbag. Authorities retrieved his checked grey suitcase from Qatar Airways, which contained a concealed false bottom. Upon inspection, officers discovered two blue packages wrapped in carbon paper containing a white powdery substance.
Additionally, the suitcase held his Thailand passport, boarding passes, and a tag with his name.
The prosecution’s case hinged on CCTV footage that placed Ngamsap with the luggage at Davana Hotel and the airport, along with WhatsApp communications with an individual named Rocky, who arranged his travel and provided instructions, as well as immigration records documenting his entry into Kenya.
Government analysts confirmed that the substance was cocaine, establishing a clear chain of custody from recovery to examination through testimonies and documentary evidence.
Convicted under the Narcotic Drugs and Psychotropic Substances (Control) Act, Ngamsap received a 27-year sentence from Senior Principal Magistrate Irene Gichobi on December 18, 2025.
In his appeal, Ngamsap contested the conviction, asserting that the prosecution did not prove the elements of the offense beyond a reasonable doubt and failed to call essential witnesses. He argued that the sentence was excessively harsh and urged the court to overturn both the conviction and the sentence.
He denied knowledge of the drugs, claiming that the suitcase belonged to a Kenyan woman named Alice, who intended to hand it over to a friend. He explained that he initially traveled with only one suitcase containing clothes and personal items, and the additional suitcase arrived shortly before his departure. He briefly inspected it, observed clothes, but was unaware of the concealed compartment, only learning of it when police opened the suitcase.
Justice Kavedza concluded that the prosecution had indeed established possession and knowledge beyond a reasonable doubt.
She noted, “The evidence that the appellant checked in the grey suitcase bearing his name, along with the cocaine concealed in its specially constructed false bottom and the recovery of its contents from luggage in his possession, when considered alongside the CCTV footage, travel records, and communications from his phone, provides compelling evidence of knowledge and possession.”
The judge found Ngamsap’s explanation regarding the suitcase’s delivery inconsistent with the evidence presented, stating that it did not create reasonable doubt.
Regarding the absence of certain witnesses, the court referenced the principles in Bukenya and Others v Uganda, concluding that the witnesses who testified provided sufficient and mutually corroborative accounts, negating any adverse inference.
However, on the matter of sentencing, the judge acknowledged that while the 27-year term was lawful, it was manifestly excessive. She emphasized, “The appellant was a first offender, and this mitigating circumstance should have warranted a lesser custodial term.”
While the quantity and value of the cocaine represented significant aggravating factors, the judge argued that they must be weighed against the appellant’s age and the principle of proportionality in sentencing.
Consequently, the court substituted the sentence with 17 years of imprisonment, effective from the date of arrest, and ordered repatriation to Thailand upon completion of the custodial term.
