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Kenya decisions
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Abdulkadir Anod Dole v Republic [2020] KECA 99 (KLR)
The Court of Appeal upheld most convictions for wildlife trophies and counterfeit currency, but quashed the forgery-implements conviction for lack of evidence.
Joseph Mwiti Mpogo v Republic [2019] KEHC 7380 (KLR)
The court found that the prosecution established all elements of the offences charged against the appellant beyond reasonable doubt. The appellant was found in possession of government trophies (elephant tusks) without a certificate of ownership, negotiated their sale, and failed to report their possession to authorities. The evidence of PW1 and PW2 was consistent and corroborated, and the appellant failed to provide a credible alternative explanation. The court affirmed the convictions on all counts, but adjusted the sentences to align with statutory limits, setting aside the default custodi…
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Alfred Sankei Ntausi v Republic [2017] KEHC 1666 (KLR)
The court found that although the appellant was linked to the recovery of the items, the prosecution failed to adduce evidence confirming that the recovered items were indeed government trophies as defined by law. No expert or scientific evidence was presented to establish the nature of the items, unlike in precedent cases where such proof was provided. Without proof that the items were government trophies, the essential elements of the offences charged under the Wildlife (Conservation and Management) Act were not established. Consequently, the conviction was not supported by evidence meeting…
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Abdulkadir Anod Dole & Egal Bilad Abdallah v Republic [2017] KEHC 3255 (KLR)
The court found that the search of the appellants' residence was lawful as both statutory exceptions and the appellants' voluntary consent justified the absence of a warrant. The prosecution proved beyond reasonable doubt that the appellants were in possession of government trophies and counterfeit currency, as the items were found in rooms under their control and no credible evidence was adduced to show otherwise. The trial court properly admitted the document examiner's report through another officer, as permitted by law. The court held that the trial court correctly analyzed the evidence,…
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Abdulkadir Anod Dole & Egal Bilad Abdallah v Republic [2017] KEHC 3768 (KLR)
The court found that the appellants failed to provide sufficient evidence of a material change in circumstances since the initial denial of bail. The medical documents submitted were not adequate medical reports and were not easily understood by the court. The court reiterated that hardship, illness, or family disruption, even if unfortunate, do not amount to exceptional or unusual circumstances warranting bail pending appeal. Furthermore, the court noted that the prison system is equipped to handle medical needs, and the age of the appellants had already been considered in the previous appli…
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Sakayo Muketi v Republic [2016] KEHC 873 (KLR)
The court found that the prosecution had established beyond reasonable doubt that the appellant was found in possession of government trophy, specifically six pieces of ivory, without a certificate of ownership and failed to report such possession, contrary to the Wildlife Conservation and Management Act. The court held that the failure to call the informer as a witness did not prejudice the appellant, as the direct evidence from Kenya Wildlife Service officers was sufficient to prove possession. The court also found that the evidence did not support the charge of dealing in government trophy…
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Nawaton Epetet & Ekeno Maraka v Republic [2016] KEHC 3087 (KLR)
The High Court set aside eight-year sentences for unlawful possession of government trophy, holding the punishment exceeded the statutory maximum and ordering release.
Charo Badiva Kiribai v Republic [2016] KEHC 3883 (KLR)
The court found that the prosecution's evidence was consistent and credible, outweighing the appellant's defence and alibi, which appeared contrived and was not raised at the earliest opportunity. The appellant's admission of guilt during mitigation further supported the conviction. The court held that the ballistic report was properly admitted as secondary evidence and that the prosecution had proved its case beyond reasonable doubt. The sentences for the firearm and ammunition offences were within statutory limits and appropriate. However, the fine imposed for the government trophy offence…
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Kerumpoti Leiyan v Republic [2016] KEHC 6290 (KLR)
High Court appeal against convictions for killing an elephant, possessing government trophies, and failing to report possession was dismissed; sentences were upheld.
Republic v Michael Mugambi Ndegwa [2014] KEHC 91 (KLR)
The High Court declined to revise a 15-month probation sentence in a wildlife offences case, holding the trial court had sentencing discretion and no error was shown.
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