The conviction adds to ongoing efforts by the ODPP to crack down on wildlife crime and safeguard Kenya’s endangered species.A Mombasa court has handed a 10-year prison sentence to a man found guilty of illegally possessing and dealing in elephant tusks worth Sh2.4 million.
The conviction marks a major win for the Directorate of Public Prosecutions (DPP) in the fight against wildlife trafficking.
Senior Resident Magistrate David Odhiambo convicted Abdi Mohamed Ali on two counts under the Wildlife Conservation and Management Act, 2013.
The conviction adds to ongoing efforts by the ODPP to crack down on wildlife crime and safeguard Kenya’s endangered species.
It followed what the court described as a well-argued and comprehensive case presented by Principal Prosecution Counsel Barbara Sombo.
For possessing a wildlife trophy of an endangered species without a permit, Abdi was fined Sh3 million, with a three-year jail term to be served if he fails to pay.
He was further sentenced to seven years in prison for dealing in wildlife trophies without lawful exemption.
The sentences will run concurrently meaning he will serve a maximum of seven years.
The court also issued a warrant of arrest for his co-accused who absconded after being released on bond.
The trial continued without him, and he was convicted in absentia.
Magistrate Odhiambo directed that he be arrested and sentenced immediately once found.
The prosecution relied on evidence from six witnesses, including Kenya Wildlife Service personnel and police officers.
Court papers showed that the two men were arrested on January 1, 2022, at Memon Villa in Mombasa’s Central Business District after intelligence reports indicated they were preparing to sell ivory.
Officers mounted an operation and intercepted their vehicle, a black Toyota Aqua, as they attempted to reverse and escape.
A search of the car uncovered a black bag containing a Nigerian-style bag and a green manila sack.
Inside, officers found seven cut elephant tusks and a digital weighing scale, which prosecutors said were intended for the planned sale.
The court ordered the vehicle forfeited to the state and directed KWS to destroy the seized tusks.
The Proceeds of Crime and Anti-Money Laundering Act provides for the forfeiture to the state of any property acquired through corruption, the sale of drugs (narcotics), ivory trafficking and other unlawful activities.
In his judgment, Magistrate Odhiambo commended the ODPP for presenting what he termed a watertight case, ruling that the evidence proved the charges beyond reasonable doubt.
He dismissed the defence as an afterthought.
The most significant ivory destruction event in Kenya occurred on April 30, 2016, when 105 tonnes of elephant ivory and 1.35 tonnes of rhino horn were burned to send a strong message against the illegal trade.
Since then, there have been numerous reports of smaller, routine ivory seizures, arrests, prosecution and conviction of traffickers, indicating continued efforts to combat the illegal trade even as poachers continue to invent new smuggling tactics.
