[2016] KEHC 790 (KLR)
The court found that the sentence imposed by the trial court was lawful and appropriate given the gravity of the offence, which involved possession of elephant tusks without a permit. The court emphasized the need to deter poaching and protect endangered species, noting that the appellant's age and personal...
Source-derived case information.
- Citation
- [2016] KEHC 790 (KLR)
- Parties
- Appellant: John Kiunjuri Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 34 of 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- MM Kasango
- Legal Topics
- Wildlife Offences, Possession of Wildlife Trophy, Sentencing Guidelines, Appeals Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kiunjuri Kamau
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for possession of wildlife trophy was lawful and appropriate.
- 2 Whether the appellant's age, health, and status as a first offender warranted interference with the sentence.
Ratio Decidendi
The court found that the sentence imposed by the trial court was lawful and appropriate given the gravity of the offence, which involved possession of elephant tusks without a permit. The court emphasized the need to deter poaching and protect endangered species, noting that the appellant's age and personal circumstances did not outweigh the public interest in wildlife conservation. The sentence was not excessive or unlawful, and there was no basis for appellate interference.
Court Disposition
appeal dismissed
Orders
- The appellant's appeal against sentence is dismissed.
- The sentence of the trial court is upheld.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL APPEAL. NO. 34 OF 2016
JOHN KIUNJURI KAMAU..............APPELLANT
-versus—
REPUBLIC....................................RESPONDENT
(Being an appeal from the original conviction and sentence in Nanyuki Chief Magistrate’s Court Criminal Case No. 673 of 2014 by Hon. J W Gichimu Principal Magistrate on 5th August 2015)
JUDGMENT
1. JOHN KIUNJURI KAMAU,the appellant, was charged before the Chief Magistrate’s Court Nanyuki with offence of being in possession of Wildlife trophy Contrary to Section 95 as read with Section 92 of the Wildlife Conservation And Management Act. The particulars of that charge show that the appellant on 17th July 2014 at Timau area in Meru was found without a permit in possession of wildlife trophy namely four pieces of elephant tusk weighing about 20 Kg worth two million shillings. He was convicted after trial and was sentenced to pay a fine of Ksh.20 million and in default to serve 5 years sentence.
2. Appellant now appeals against that sentence. He relied on his written and oral submission whereby he stated that he is 71 years old, that he is sickly due to unfavourable condition in jail, that he was a first offender, that he is now reformed, and that he has learnt a trade while serving sentence.
3. Senior Principal Prosecuting Counsel Mr. Tanui opposed the appeal. He submitted the sentence in default of payment of a fine was very lenient because Section 92 provides that in default one would serve life sentence. He submitted that since the appellant’s offence was against wildlife which has the effect of wiping out indigenous wild life that the trial court’s sentence was lenient.
4. The appellant was convicted of possessing elephant tusks without a permit. To stamp out poaching our wildlife must be made a priority by all players in the country. Elephants are presently regarded as the world’s most threatened species. It is because of that that this court finds that the trial court’s sentence cannot be faulted. It is lawful. The fact that the appellant is elderly does lessen the need to send home a message to many that may be attracted by the lure of riches in poaching. Accordingly the appellant’s appeal is hereby dismissed.
Dated and Delivered at Nanyuki this 19th December, 2016
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant: ……………….….
Appellant: John Kiunjuri Kamau
For state: …………………….……
COURT
Judgment delivered in open court
MARY KASANGO
JUDGE