[2025] KEMC 68 (KLR)
The accused pleaded guilty to both counts: possession of wildlife meat without a permit and illegal entry into a protected area. The court considered the accused's mitigation, including his status as a first offender and sole breadwinner. However, the offences carry statutory minimum penalties, which the court is...
Source-derived case information.
- Citation
- [2025] KEMC 68 (KLR)
- Parties
- Applicant: Republic; Defendant: John Maina Kamau
- Court
- Magistrate's Court
- Court Station
- Nakuru Law Courts
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E906 of 2024
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- PA Ndege
- Legal Topics
- Wildlife Offences, Possession of Wildlife Meat, Illegal Entry Protected Area
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Maina Kamau
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused was in possession of wildlife meat without a permit contrary to section 98(1) of the Wildlife Conservation and Management Act.
- 2 Whether the accused entered a protected area without a permit contrary to section 102(1) and 102(1)(h) of the Wildlife Conservation and Management Act.
- 3 Whether the court is bound to impose the statutory minimum penalties despite the accused's plea for leniency.
Ratio Decidendi
The accused pleaded guilty to both counts: possession of wildlife meat without a permit and illegal entry into a protected area. The court considered the accused's mitigation, including his status as a first offender and sole breadwinner. However, the offences carry statutory minimum penalties, which the court is bound to impose. For Count 1, the court sentenced the accused to three years imprisonment as required by section 98(1) of the Wildlife Conservation and Management Act. For Count 2, the court imposed a fine of Kshs. 200,000 or, in default, two years imprisonment, as mandated by section 102(1) and 102(1)(h) of the Act. The sentences are to run consecutively. The court explained the...
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to three years imprisonment for Count 1 (possession of wildlife meat without permit).
- The accused is sentenced to pay a fine of Kshs. 200,000 for Count 2 (illegal entry into protected area) or serve two years imprisonment in default.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Kamau (Criminal Case E906 of 2024) [2025] KEMC 68 (KLR) (17 April 2025) (Sentence)
Neutral citation: [2025] KEMC 68 (KLR)
Republic of Kenya
In the Nakuru Law Courts
Criminal Case E906 of 2024
PA Ndege, SPM
April 17, 2025
Between
Republic
Prosecution
and
John Maina Kamau
Accused
Sentence
1. The accused herein, John Maina Kamau, has been convicted upon own plea on two counts as follows:Count I being in possession of meat of wildlife species without permit contrary to section 98(1) of the Wildlife Conservation Management Cap 376. Particulars being, “On the14th day of April 2024 at around 0200 Hrs at Soysambu Conservancy in Nakuru East Sub County within Nakuru County you were found jointly with others not before court, in possession of meat of wildlife species namely, buffalo meat weighing 90 kg, without permit.”Count II being entering a protected area without permit contrary to section 102(1), as read with section 102(1)(h) of Wildlife Conservation and Management Act. Particulars being “On 14th day of April 2024 at around 0200 Hrs at Soysambu Conservancy in Nakuru East Sub County within Nakuru County you were found jointly with others not before court, to have gained illegal entry to a protected area without permit.”
2. The accused person having no previous record, has pleaded for leniency before court stating that he is the sole breadwinner of his family and taking care of three children. The offences which he has pleaded guilty to, however have minimum penalties prescribed for them by Parliament. I am thus bound by the minimum penalties and I do therefore sentence him as follows:a.As to Count 1, relying on section 98(1) of the Wildlife Conservation and Management Act Cap 376 of the Laws of Kenya, I do hereby sentence the accused person to the minimum penalty of the offense which is 3 years imprisonment.b.As for Count 2, relying on the provisions of section 102(1) and section 102(1)(h) of the Wildlife Conservation and Management Act, I do hereby sentence the accused to the minimum penalty provided for the offense which is a fine of Kshs. 200,000 in default to serve 2 years imprisonment.The sentences shall run consecutively as required.R/A 14 days explained
DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 17TH DAY OF APRIL 2025ALOYCE-PETER-NDEGESENIOR PRINCIPAL MAGISTRATEIn the presence of;Court interpreter: JanetProsecution counsel: MachariaAccused: Present