Two Belgians who last month pleaded guilty to charges of illegally trafficking ants and biopiracy have each been fined Sh1 million or they serve one year in jail.
Senior principal magistrate Njeri Thuku of the JKIA law courts also ordered that the convicts be deported to their country upon payment of the court fines.
Vietnamese Duh Hung Nguyen and Kenyan Dennis Ng’ang’a, who were separately charged with illegal possession and trade of about 400 live queen ants valued at Sh200,000, were also handed the same sentence.
The sentence is the least for those found dealing in wildlife trophies or possession. It is also the least sentence for a person who kills or injures, tortures or molests or attempts to kill or injure any wildlife species.
The court said it opted for the least sentence because the accused persons pleaded guilty, thus saving the court’s time.
“Although a person is entitled not to admit the offence and to put the prosecution to proof of its case, an acceptance of guilt, reflected in a guilty plea normally, reduces the impact of the crime upon the victims and saves victims and witnesses from having to testify.”
However, in the case of a mandatory minimum sentence, the court cannot go below the minimum term set by the statute.
“The principle in this section is that the court is called upon to take into account the benefits that accrue to the court when an accused person pleads guilty, however, where a mandatory minimum sentence is provided for, the court cannot go below what is stipulated in the statute,” the magistrate said.
She said Lornoy David and Seppe Lodewijck, the Belgians, have shown remorse and pleaded with the court to put the case behind them so they can proceed with their lives.
“In conclusion, Lornoy and Sepp are sentenced to pay a fine of Sh1 million each and in default, they will serve 12 months in prison each,” the court said.
The state had pushed for harsher sentences for the duo but the court said it was worth extending grace to those who slip and fall in life. “They deserve another chance in life to do better and be better.”
Lornoy and Seppe pleaded guilty to charges of ants trafficking and biopiracy on April 15.
The ants include the ecologically significant Messor cephalotes species that are native to Kenya.
The foreigners were arrested on April 5, 2025, at around 10am at Jane Guest House in the Lake View area of Naivasha in Nakuru county.
They were found in possession of approximately 5,000 live queen ants stored in 2,244 tubes, with an estimated value of Sh1 million.
They were also charged with dealing in wildlife species without a permit, contrary to Section 95(c) of the Wildlife Conservation and Management Act.
Vietnamese Duh Hung Nguyen and Kenyan national Dennis Ng’ang’a were charged with illegal possession and trade of around 400 live queen ants, valued at Sh200,000.
The offenses occurred between April 5, 2025 and April 6, 2025, at Hemak Towers Suite in Nairobi’s Central Business District and Tofina Muthama Apartments in Syokimau area of the city.
The court gave them 14 days to appeal if they so wish.
