The appellant was found without a permit in possession of wildlife trophy namely four pieces of elephant tusk on 17th July 2014 and was charged before the Chief Magistrate’s Court Nanyuki with offence of being in possession of Wildlife trophy Contrary to Section 95 as read with Section 92 of the Wildlife Conservation And Management Act. He was convicted after trial and was sentenced to pay a fine of Ksh.20 million and in default to serve 5 years sentence.
The judgement relates to the appellant’s appeal against that sentence. He asked to be released because he is 71 years old, sickly due to unfavourable condition in jail and he was a first offender.
Senior Principal Prosecuting Counsel Mr. Tanui opposed the appeal. He submitted that since the appellant’s offence was against wildlife which has the effect of wiping out indigenous wild life that the trial court’s sentence was lenient.
The court stressed that elephants are presently regarded as the world’s most threatened species. Because of that the court found that the trial court’s sentence cannot be faulted and dismissed the appellant’s appeal.