The appellant was convicted for hunting game without a licence contrary to Section 15(1) of the Fauna Conservation Act as amended. The accused went out to hunt a marauding lion together with an assistant, a man named Maitane and a man named Mothero. All men held valid licences to hunt zebra. During the course of the day in question they killed several zebra but the Court was concerned with the killing of three only. According to Maitane one of the three was killed by the appellant on his behalf. The learned magistrate found the killing of this zebra to be unlawful because although Maitane was the holder of a valid licence it was not indorsed for the appellant to hunt on it. However, this was without regard to Regulation 11 (1) of Fauna Conservation (Unified Hunting) Regulation 1979 which permits a licence holder to assign someone who is not disqualified from the granting of a hunting license, the right to hunt on his behalf, as long as they are hunting together.
Country
Court
Type of court
Court jurisdiction
Date of opinion
1980
Abstract
Language of document
English
Reference number
1981 BLR 199 (HC)
Charges
Hunting game animals without a licence contrary to section 15(1) as read with section 15(2)(b) of the Fauna Conservation Act
Transnational
No
Decision
The appeal was allowed.
Appealed
No
Penalty
Effect of penalty: Set aside
Legislation cited
Fauna Conservation Act (Cap. 38:01) (1973 rev.)