Francis Kioi Karanja & 3 others v Director of Public Prosecutions [2021] KEHC 8206 (KLR)
- Court
- High Court of Kenya
- Case number
- 8206
- Citation
- [2021] KEHC 8206 (KLR)
The court finds the prosecution's evidence sufficient to support the appellants' conviction and convicts them under section 95 of the Wildlife Conservation and Management Act, 2013. Each appellant is sentenced to pay a fine of Ksh.1 million or serve a term of 5 years imprisonment.
Facts
The appellants were charged with being in possession of and dealing in a wildlife trophy, found on a grey Toyota Prado motor vehicle registration No. KAV 858F, with a street value of Ksh.500,000/= without a permit.
Issues
- Whether the trial court erred in finding the prosecution's evidence sufficient to support the appellants' conviction.
- Whether the trial court erred in including physical control as an ingredient of possession under section 4 of the Penal Code.
- Whether the trial court erred in convicting the appellants under section 92 of the Wildlife Conservation and Management Act, 2013 instead of section 95.
Reasoning
The court dismisses the appellants' appeal and upholds the conviction, finding that the prosecution discharged its burden and proved the case beyond reasonable doubt. The court also modifies the sentence to reflect the correct section of the Act.
Outcome
Appeal dismissed, conviction upheld, sentence modified.
Orders
- Convict the appellants under section 95 of the Wildlife Conservation and Management Act, 2013.
- Sentence each appellant to pay a fine of Ksh.1 million or serve a term of 5 years imprisonment.
Authorities cited
Legislation (3)
- Wildlife Conservation and Management Act, 2013
- Criminal Procedure Code
- Penal Code
Cases cited (3)
- Voi HCCR Appeal No. 7/2014, Mutisya Kiema Versus Republic
- Josiah Kivuva Mutinda Versus Republic Criminal Appeal No. 64/2015
- Zhang Chunsheng Versus Republic NAI HCCR Rev. No. 9/2014
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