A Kwale Court fined two people Sh1 million for possession of four ivory tusk pieces and a hippo tooth weighing 500 grammes.
The sentencing took place on June 10 and involved suspects Augustine Odwori Malingo and Nancy Akoth Owino who were arrested in 2019.
In a seemingly cruel choice of words, Principal Magistrate Lilian Lewa began her sentencing by telling the two accused she was giving them a non-custodial sentence, thereby giving them and the rest of the court the impression that there was going to be no jail time involved.
However, that hope was dashed within seconds when the Magistrate continued by stating that they were being fined Sh1 million and in default of payment, would spend five years in prison.
The fine amount was completely unreachable for both so they would be imprisoned for five years.
Akoth, once the realization of the sentence struck home, began sobbing to Lewa to please take her children as they were going to become street children or thugs.
Akoth’s two oldest boys were in court and once the police started leading their mother away, the younger boy fainted in the doorway of the court striking his head hard on the floor causing momentary unconsciousness.
When Akoth saw what had happened, she also collapsed, crying out.
Officials said the ivory was valued at Sh100,000.
The move is part of efforts to fight the crime of trafficking and possession of ivory.
In December 2022, Thomas Muhoro Ngatia, a self-confessed ivory trafficker found with 112 kilogrammes of ivory under his bed in 2016, was sentenced to two years imprisonment in Kibera, Nairobi.
Also in 2022, the Kitale court sentenced Martin Mukesa Juma to pat Sh1 million or spend a year in jail in default after he was found in possession of two pieces of ivory weighing four kilos.
In February 2024, Kahawa court Senior Principal Magistrate Boaz Ombewa ordered Joseph Marao Nkooyio and Edward Oinepu Kipaton to pay a fine of Sh300,000 or serve one year in prison in default after entering into a plea agreement.
On James Ngala Kassiwa, a Kenya Revenue Authority (KRA) officer was in 2022 handed two years jail for his part in a 3.8 tone ivory shipment.
Seven months into his imprisonment, he was granted a non custodial sentence for the remaining 17 months, a decision said to be based on his age, health, and family status.
He and one other had been charged under the East African Community Customs Management Act, which provided for a maximum sentence of five years jail.
Elephant tusks fetch a fortune in the black market as a surge in demand for ivory in the East continues to fuel the illicit trade in elephant tusks, especially from Africa.
Officials say despite a ban on the international trade in ivory, African elephants are still being poached in large numbers.
As part of efforts to stop the menace, Kenya has started using high-tech surveillance equipment, including drones, to track poachers and keep tabs on elephants and rhinos.
KWS and stakeholders have put in place mechanisms to eradicate all forms of wildlife crime, particularly poaching.
These mechanisms include enhanced community education, interagency collaboration, and intensive intelligence-led operations, among others.
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