The High Court in Voi has freed one man and upheld the conviction of another in a wildlife trafficking case involving 14 elephant tusks weighing 200 kilograms.
In a judgment delivered virtually on July 2, 2025, Justice Asenath Ongeri allowed the appeal of Chivoro Ndamau Chivoro, the second appellant, but dismissed that of Salim Chibonja Myala, who was also facing a separate charge of assaulting a Kenya Wildlife Service (KWS) officer during arrest.
The two were initially convicted by the Voi Magistrates Court in December 2024 for dealing in wildlife trophies of an endangered species, contrary to Section 92(2) of the Wildlife Conservation and Management Act, 2013.
They had both appealed the conviction and sentence, arguing that the evidence used to convict them was contradictory, circumstantial, and uncorroborated.
Court finds no link between Chivoro and tusks
Justice Ongeri found that the prosecution failed to prove its case against Chivoro beyond reasonable doubt.
According to the judgment, there was no evidence showing that the second appellant had knowledge or control over the tusks.
“The first prosecution witness testified that the Chivoro fled when the officers arrived,” the judge noted, adding that there was no recovery from his home and no direct link between him and the tusks.
She ruled that mere presence at the scene was insufficient to sustain a charge of “dealing,” which under law requires proof of both knowledge and possession.
“There was no prior communication or proof of his role in the transaction,” said Justice Ongeri. “His conviction was unsafe.”
Chivoro's appeal was allowed, his conviction quashed, and he was ordered to be released unless held for other lawful reasons.
Assault, illegal dealing proven against Myala
However, the court found that the evidence against Myala was overwhelming.
According to the prosecution, KWS Rangers, posing as buyers, set up a sting operation in Buguta on December 13, 2022.
The team arrested Myala at the scene after he delivered the tusks from shrubs near a house.
Myala reportedly slashed Sergeant Ali Ahmed Yussuf with a knife during arrest, injuring his collarbone.
This was confirmed by a clinical officer who examined the victim and produced a P3 form showing a sharp wound that was stitched.
The judge dismissed Myala’s defence that he was in Macknon collecting money from watermelon buyers and that he was wrongly arrested at a matatu stage.
His claims that a knife was “planted” were also rejected as lacking support.
“The P3 form proved the injury was real and sustained during the arrest,” the judge ruled.
The court upheld the seven-year sentence for dealing in tusks and the two-year sentence for assault.
However, it ruled that the sentences would now run concurrently instead of consecutively, as they arose from the same transaction.
The court further ordered that the time Myala spent in custody before sentencing be deducted from his prison term.
