[2025] KEMC 98 (KLR)

[2025] KEMC 98 (KLR)

The court found that the prosecution had established all elements of the offence under section 92(2) of the Wildlife Conservation and Management Act. The evidence demonstrated that the accused was found in possession of four elephant tusks, an endangered species, with the intent to sell, and without any permit or exemption. The testimonies of the arresting officers were consistent and corroborated by the scientific analysis of the tusks and the clear chain of custody. The accused’s defence was rejected as implausible and unsupported by evidence. The court held that the prosecution had proved its case beyond reasonable doubt, and the accused was guilty as charged.

Citation
[2025] KEMC 98 (KLR)
Parties
Applicant: Republic; Defendant: Kasoo Mukenga
Court
Magistrate's Court
Court Station
Makindu Law Courts
Jurisdiction
Kenya
Judgment Date
14 May 2025
Case Number
Criminal Case E586 of 2023
Procedural Posture
Criminal Case / Judgment
Outcome
conviction
Judges
YA Shikanda
Legal Topics
Wildlife Offences, Possession of Trophy, Burden of Proof, Endangered Species, Chain of Custody
Source Language
English
Criminal Law Environmental Law Wildlife Offences Possession of Trophy Burden of Proof Endangered Species Chain of Custody

Case Brief

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Parties

Republic

Applicant

Kasoo Mukenga

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the accused person was found dealing in wildlife trophy on 28/6/2023.
  2. 2 Whether the trophy was of an endangered species and in particular elephant tusks.
  3. 3 If the above are in the affirmative, whether the accused person had a permit.

Ratio Decidendi

The court found that the prosecution had established all elements of the offence under section 92(2) of the Wildlife Conservation and Management Act. The evidence demonstrated that the accused was found in possession of four elephant tusks, an endangered species, with the intent to sell, and without any permit or exemption. The testimonies of the arresting officers were consistent and corroborated by the scientific analysis of the tusks and the clear chain of custody. The accused’s defence was rejected as implausible and unsupported by evidence. The court held that the prosecution had proved its case beyond reasonable doubt, and the accused was guilty as charged.

Court Disposition

conviction

Orders

  • The accused is found guilty of dealing in wildlife trophy of an endangered species contrary to section 92(2) of the Wildlife Conservation and Management Act and is convicted accordingly.