Court News

Two Men Sentenced to Life Imprisonment Over Wildlife Trophies in Malindi

A judge's gavel and scales of justice representing the Malindi wildlife trophies case
A Malindi court convicted two men of possessing elephant tusks, leopard skin and cheetah skin without lawful permits.

Two men have been fined KSh20 million each after a Malindi court convicted them of possessing endangered wildlife trophies without lawful permits, with life imprisonment imposed as the default sentence for non-payment.

Senior Principal Magistrate Joy Shiundu Wesonga convicted Nzai Kazungu Nzai and Nzai Ruwa Kapombe of possessing an endangered wildlife trophy without a permit or lawful exemption, contrary to Section 92(4), read together with Section 105 of the Wildlife Conservation and Management Act.

In her ruling, Magistrate Wesonga said the prosecution, which called five witnesses, had proved its case beyond reasonable doubt.

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The court found that the two men had failed to produce legal documents authorising their possession of the wildlife trophies. It also dismissed their defence, ruling that it did not raise reasonable doubt against the prosecution’s evidence.

“The court has considered the defence advanced by the accused persons and finds that it does not raise reasonable doubt against the prosecution's case. The defence is therefore dismissed, and the accused persons are found guilty as charged,” the magistrate ruled.

The court heard that on January 17, 2025, Kenya Wildlife Service (KWS) officers intercepted a motorcycle, registration number KMFP 849U, at a Shell petrol station near Naivas Supermarket in Malindi.

The motorcycle was carrying the two men, one riding it and the other travelling as a pillion passenger. They had luggage wrapped in a polythene sheet and secured with nylon straps.

A search conducted in their presence led to the recovery of nine pieces of elephant tusks weighing 5.8 kilogrammes, with an estimated street value of KSh580,000.

Officers also recovered one leopard skin and one cheetah skin concealed inside a white-and-yellow sack wrapped in the polythene sheet.

The prosecution told the court that the men did not have permits authorising them to possess the recovered wildlife trophies.

After finding the two men guilty, the court sentenced each to pay a fine of KSh20 million, with life imprisonment in default of payment.

The court also ordered that the recovered exhibits be handed over to the Kenya Wildlife Service for safe custody or destruction in accordance with the law.

The case was prosecuted by Barack Chirchir and Benjamin Wambua.

The two convicts have 14 days within which to exercise their right of appeal.

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