•However, on Monday, Justice Daniel Ogembo substituted their sentence to Sh1 million fine each or in default serve five years in jail.
•It is alleged that on February 29 2016 at Nairobi West Shopping Centre they were jointly found in possession of one raw elephant tusk valued at Sh500,000.
Former administration police officers serving life sentences for being in possession of elephant tusk got a reprieve after the court reduced their term to five years.
The four, Francis Karanja, Stephen Ngawai, Martic Marangu and Peter Kimunyu were charged with two counts of being found in possession of wildlife trophies and dealing in wildlife trophy
However, on Monday, Justice Daniel Ogembo substituted their sentence to Sh1 million fine each or in default serve five years in jail.
Before the appeal, the four had been convicted and ordered to pay Sh20 million fine each or in default serve a life sentence.
It is alleged that on February 29 2016 at Nairobi West Shopping Centre they were jointly found in possession of one raw elephant tusk valued at Sh500,000.
Justice Ogembo declined to quash the sentence in its entirety saying the prosecution had proved its case but the only error is they were sentenced using the wrong section of the law.
“However, under section354(3) of the criminal procedure code I hereby alter the finding of the lower court and convict them under section 95 of the Wildlife Conservation and management,” the court ruled.
The court said they were charged under both section 92 and 95 of the Wildlife Conservation and Management Act.
Justice Ogembo said section 92 only stipulated the sentences without creating any offences in the first place and is therefore bad in law.
“I accordingly, therefore, sentence each of the appellants herein to pay a fine of Sh 1 million or in default they shall each serve a term of 5 years imprisonment which will run from the date of the sentence before the court on August 20 2019,” the court ruled.
In their appeal they had denied ever dealing in ivory saying there was no evidence produced showing they communicated and planned to meet at the scene to sell the ivory.
Lawyer Danstan Omari who represented the officers had argued that the sentence by the trial court was very harsh and excessive as they had been unable to raise the Sh20 million fine imposed by the trial court.
Speaking to the press after the judgment, the families of the officers said they were very excited about the ruling because they will now be able to see their sons.
The family said the life sentence issued by the trial court was very harsh and they couldn’t afford the Sh20 million but now they can try looking for the Sh1 million even though its a lot but its reasonable.
Edited by Kiilu Damaris