A man who was found in possession of elephant tusks worth Ksh4 million was charged at Kilifi Law Court on Monday February 26, 2024.
The court ruled that the suspect should pay a Ksh5 million fine or serve 5 years in jail.
The accused, Mtengo Kazungu Bahero was arrested and charged with two counts of dealing in wildlife trophy of endangered species without a permit contrary to section 92(4) of the wildlife conservation and management act of 2013.
He was also charged for being in possession of wildlife trophy of an endangered species contrary to section 92(2) of the wildlife conservation and management act of 2013.
READ ALSO: DPP seeks to withdraw charges against 13 suspects linked to Ksh122M theft
Chief Magistrate Julius Nangea found that the prosecution, through Principal Prosecution Counsel Ms. Winnie Atieno Otieno, had proved the case against Mtengo Kazungu Bahero beyond reasonable doubt in one count.
The court, however, acquitted him for the offence of dealing in wildlife trophy of endangered species, namely seventeen (17) pieces of elephant tusks weighing 40kgs with a street value of 4 million, contrary to Section 92(2) of the Wildlife Conservation and Management Act of 2013.
READ ALSO: Media boss accused of threatening to kill estranged lover wants DPP to stop prosecuting her
The same court also sentenced Stephen Karisa Ngumbao and Emmanuel Zege Baya to pay a fine of Ksh5 million in default 2 years imprisonment and 2 years imprisonment respectively, for dealing in wildlife trophy namely three (3) elephant tusks weighing 5kgs with a street value of 500,000.
They were also charged with being in possession of wildlife trophy, namely (3) three elephant tusks weighing 5kgs with a street value of 500,000 without a permit, contrary to Section 95 of the Wildlife Conservation and Management Act of 2013.
The Court found that the prosecution, through Principal Prosecution Counsel Ms. Winnie Atieno Otieno, had proved the case against Stephen Karisa Ngumbao and Emmanuel Zege Baya beyond reasonable doubt in both counts.
The latter had been previously convicted and sentenced to serve 7 years for dealing in wildlife trophy, which sentence he is still serving.
