Two men found in possession of endangered wildlife trophies in Malindi have been jailed for life.
Senior Principal Magistrate Joy Shiundu Wesonga convicted Nzai Kazungu Nzai and Nzai Ruwa Kapombe of being in possession of an endangered wildlife trophy without a permit or lawful exemption, contrary to Section 92(4) as read with Section 105 of the Wildlife Conservation and Management Act.
In her ruling, Wesonga said the prosecution, which called five witnesses, proved its case beyond any reasonable doubt.
The magistrate ruled that the two failed to provide legal documents to allow them to be in possession of wildlife trophies.
The court further dismissed the convicts’ defence, holding that the same could not dislodge the overwhelming prosecution 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 Shell Petrol Station near Naivas Supermarket in Malindi.
The two men, the rider and a pillion passenger, were carrying luggage wrapped in a polythene sheet and tied with nylon straps.
Upon search in their presence, KWS officers recovered nine pieces of elephant tusks weighing 5.8 kg with a street value of Sh580,000, one leopard skin, and one cheetah skin concealed in the polythene sheet inside a white and yellow sack.
The court heard that the two men did not have any permits allowing them to be in possession of the wildlife trophies.
In her judgment, she found that the prosecution had established its case against the two beyond reasonable doubt.
The court sentenced each convict to pay a fine of Ksh 20 million, in default of which they will serve life imprisonment.
The court further ordered that the recovered exhibits be handed over to the Kenya Wildlife Service for safe custody or destruction as provided by law.
The matter was prosecuted by prosecution counsel Barack Chirchir and Benjamin Wambua.
The convicts have 14 days to appeal.
Source: ODPP
