New law sets life sentence and Sh20m fine for poachers

Poachers and dealers in illegal animal trophies now face life imprisonment and a fine of more than Sh20 million under a new law meant to protect endangered wildlife like elephants and rhinos.

The new law has also increased compensation for deaths and injuries caused by wildlife to Sh5 million and Sh2 million respectively. President Uhuru Kenyatta signed the Wildlife Conservation and Management Act into law on Christmas eve.

The stiff punishments are meant to tackle the rising cases of poachers killing wildlife for tusks, horns and skins for sale in the thriving South Asia market. Weak laws have seen Kenya become a conduit for smuggling illegal animal trophies.

“We are happy with the deterrent passed. With proper co-ordination with other government arms like Interpol and customs, we’ll curb the current situation. However, even with the laws, we still need Kenyans to work with us to save our animals,” said Kenya Wildlife Service (KWS) communications manager Paul Udoto.

Conservationists have previously called for stiffer penalties to tackle poaching, which has hurt the tourism industry, a top foreign exchange earner in Kenya. The country has around 40,000 elephants and 1,025 rhinos.

Sport hunting, now classified as category B, will attract a five-year jail term, Sh5 million fine or both while category C animal hunters will pay Sh1 million, a two-year jail term or both.

Those found hunting or trading in bush-meat face a one-year jail term, a Sh200,000 fine or both if convicted.

Compensation for life lost to a wild animal has been increased to Sh5 million. Those who are maimed will receive Sh3 million while those injured will receive a maximum of Sh2 million, depending on the extent of the injury.

READ: Uhuru signs 8 bills into law

Previously, no law governed what was paid for death or injury, leaving it at the discretion of the KWS.

“For deaths caused by wildlife, KWS pays Sh50,000 and there is nothing for injuries. They are doing it administratively. There is no law,” said Kajiado South MP Katoo ole Metito.

With the new law, KWS has now lost the role of compensating victims to the County Wildlife Conservation and Compensation Committee, which will work under the respective Cabinet secretary.

The committee will forward claims for compensation involving life or property (including crops and domestic animals) and its recommendations to the Cabinet secretary to KWS. The law stipulates that compensation for crops, livestock or property be at market rates.

Wild animals killed at least 106 people and injured 520 others by May last year, forcing the government to pay compensation of Sh47 million.

The Act also establishes a Wildlife Research and Training Institute that will build capacity in the sector through training, collection and storage of a wildlife database.

The new law has limited the government’s powers to declare any area a national park or reserve with the Cabinet secretary now required to seek approval from Parliament.

The Act sets out the composition, recruitment, tenure and duties of KWS board of trustees.

The trustees, in consultation with the Cabinet secretary, shall appoint a Director General for KWS on a three-year renewable term.

Poachers killed at least 137 elephants and 24 rhinos - half of them in the Tsavo conservancy area - between January and May last, which KWS director William Kiprono had blamed on lenient penalties.

“A fine of Sh30,000 cannot deter poachers from engaging in the illegal activity, which earns them thousands of dollars,” Mr Kiprono said.

He said KWS rangers had arrested 123 suspected poachers, recovered 5,842 kilogrammes of ivory and rhino horns, 22 firearms and 1,141 bullets.

Other African countries have also witnessed an increase in poaching with smuggling of raw and cured ivory on the rise.