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The Director of Public Prosecutions (DPP) has secured a conviction in a case where two men based in Kilifi were found guilty of possessing an elephant tusk.
Samuel Kazungu Duka, aged 50, and Nelson Kiringi Nzai, 25, were sentenced by the Kilifi High Court to each pay a Ksh1 million fine, or, in default, each serve two and a half years’ imprisonment.
Prosecution, led by Winnie Atieno, told the court that the two were arrested on September 12, 2023, at around 12:30 p.m. in the Chumani area of Kilifi North Sub-County.
Acting on credible intelligence, law enforcement officers intercepted the suspects and discovered an elephant tusk concealed in a yellow nylon sack.
Elephant Tusk Cost
The court heard that the single tusk, weighing approximately five kilograms and valued at KSh500,000, was recovered without any permit or lawful authority.
Elephants are classified as an endangered species, and their tusks are strictly protected under Kenyan law due to the continued threat of poaching and illegal wildlife trade.
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Wildlife Conservation and Management Act
The accused were charged under Section 92(4) of the Wildlife Conservation and Management Act, 2013, which criminalizes the possession of wildlife trophies without authorization.
In her judgment, Chief Magistrate Hon. J. Mwaniki found that the prosecution had proved its case beyond a reasonable doubt, leading to the conviction of both accused persons as charged.
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Protected Wildlife Trophy
In delivering the sentence, the court affirmed that the recovered tusk constituted a protected wildlife trophy and emphasized that the accused had no permit or lawful justification for its possession.
The ruling marks another significant win for the DPP in the fight against wildlife-related offences, reinforcing Kenya’s commitment to protecting endangered species and deterring illegal trafficking through robust prosecution and deterrent penalties.
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The Office of the Director of Public Prosecutions (ODPP). PHOTO/ODPP_KE