Chief Justice Willy Mutunga (right) with Industrial Court judge Nzioki wa Makau during the Second National Judicial Dialogue on Environmental and Wildlife Crimes meeting at Safari Park Hotel in Nairobi on Thursday. Photo/Billy Mutai
What you need to know:
Research by Wildlife Direct shows 70 per cent of case files reported missing or misplaced.
The report is based on a survey conducted in May and June 2013 on cases between January 2008 and June 2013.
A new report on handling of wildlife crimes has returned a poor verdict on the Judiciary’s commitment in battle against poaching and smuggling of wild animals.
The report by Wildlife Direct said unless the severity of punishment improves, two of the Big Five (rhino and elephant) would be hard to find in Kenya by 2030.
Of the 743 cases registered for the study, 70 per cent case files were reported missing or misplaced in court with only 202 available for perusal.
Of the 314 suspected offenders, 78 per cent were found guilty of a myriad crimes but in all, very lenient judgments were passed.
Of the 224 found guilty, only eight (four per cent) were sent to jail. In the case of the endangered species, there were 72 guilty verdicts but prison sentences without an option of fines were given only in four instances.
“This leniency in our courts has led to a culture of impunity within the criminal fraternity, and Kenya has become a safe haven for international criminal cartels who control poaching and trafficking in our country. These people are destroying our economy, our heritage and our image,” said Paula Kahumbu, executive director of Wildlife Direct.
The report, Scoping study on the prosecution of wildlife related crimes in Kenyan Courts, is based on a survey conducted in May and June 2013 on cases between January 2008 and June 2013.
“The study clearly showed that wildlife related crime in Kenya is treated as a misdemeanour or petty crime and is ‘mismanaged’ within the court systems,” reads the report.
The authors suggest immunity be offered to frontline offenders who give up those behind the organised crimes.
“Perhaps law enforcement officers and prosecutors could offer plea bargains to low-level offenders in exchange for information leading to capture of higher-up offenders and backers of wildlife crimes.”
Files in Mombasa and Wajir were reported to have “disappeared” despite regular impounds of valuable game trophies which could not also be accounted for as exhibits.
Additionally, the report said that no single case against a government officer was found in court records despite media exposé on officials’ abetting wildlife related crimes.
Since the report was written, the Wildlife Conservation and Management Act has come to force with poachers facing a life sentence and a fine of Sh20 million. The previous law provided for a fine of Sh40,000 or three years in prison.
On Tuesday, a Chinese national, Tang Yong Jian, was fined Sh20 million or a 7-year jail term after he pleaded guilty to charges of illegal possession and dealing in ivory at the Makadara Law Courts in Nairobi. Poachers, however, still appear unperturbed.
On Saturday, a female, black rhino was killed in the Nairobi National Park, the second such killing in five months.
About 280 elephants were killed last year.
PAYE Tax Calculator
Note: The results are not exact but very close to the actual.
