Evodi Ngarkoni Mtei v Republic [2018] KEHC 5468 (KLR)

Facts

The appellant, Evodi Ngarkoni Mtei, was charged with being in possession of wildlife trophy contrary to section 95 of the Wildlife Conservation and Management Act of 2013. He was found in possession of 24 pieces of ivory tusks weighing 30kgs in Illasit area in Loitoktok Sub-county.

Issues

1. whether the prosecution proved the case beyond reasonable doubt
2. whether the conviction was based on improperly admitted evidence
3. whether the appellant's rights were violated
4. whether the evidence was contradicting
5. whether the charge was defective
6. whether the appellant was given a fair trial

Reasoning

The court applied the legal concept of possession as defined in section 4 of the Penal Code, finding that the prosecution's evidence was sufficient to establish the appellant's possession of the ivory tusks.

Outcome

Appeal dismissed

Authorities cited