Two men have been sentenced to life imprisonment after being convicted of possessing elephant tusks, leopard skin and cheetah skin without a permit in Malindi, Kilifi County.
Nzai Kazungu Nzai and Nzai Ruwa Kapombe were convicted by Senior Principal Magistrate Joy Shiundu Wesonga for possessing endangered wildlife trophies without a permit or lawful exemption, contrary to Section 92(4), as read with Section 105 of the Wildlife Conservation and Management Act.
The court sentenced each convict to pay a fine of Sh20 million, with life imprisonment as the alternative punishment in default of payment.
In her judgment, Magistrate Wesonga ruled that the prosecution had proved its case beyond reasonable doubt, relying on evidence presented by five witnesses.
She dismissed the defence offered by the two men, finding that it failed to 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 the two men were arrested on January 17, 2025, after Kenya Wildlife Service (KWS) officers intercepted a motorcycle, registration number KMFP 849U, at Shell Petrol Station near Naivas Supermarket in Malindi.
The suspects, who were travelling as a rider and pillion passenger, were carrying 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 Sh580,000.
The officers also recovered one leopard skin and one cheetah skin concealed in the polythene wrapping inside a white-and-yellow sack.
The prosecution told the court that the two men had no permits authorising them to possess the wildlife trophies.
Following their conviction, the court ordered that the recovered exhibits be handed over to KWS 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 to exercise their right of appeal against the conviction and sentence.
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