Wesiko Malyoki versus the Republic - No. 09 of 2015

Territorial subdivision
Seat of court
Mwanza
Court jurisdiction
Date of opinion
2015
Abstract

On 17/03/2012, the game officers at Ikorongo Grumeti Game reserve heard bullets loud fired in the game reserve by unknown persons. The game officers then traced the poachers but didn’t find them. On 28/03/2012, the game officers got information through the ward officer that the appellant and four others have confessed to have entered the game reserve and hunted six elephants. The ward officer was informed of the incident through complaints lodged to him by the accused, that the appellant was indebted to his colleagues after the sale of elephant’s tusks. After arresting the accused, carcasses of the killed elephants were found through the lead of the accused. This was an appeal against the original economic case no. 18 of 2012 of the Bunda District court, where the appellant was jointly and together charged with four others, all the four accused persons were found guilty of the first count and were sentenced to imprisonment of three years or pay a fine of Tsh 300.000/= each. The appellant was alone found guilty of both counts and was sentenced to twenty years imprisonment. Being aggrieved by the decision he appealed to the High Court. The appeal was allowed, the sentence was quashed and set aside and the court ordered immediate release of the appellant from jail.

Language of document
English
Reference number
No. 09 of 2015
Charges
(1) unlawful entry into a game reserve, (2) unlawful hunting in a game reserve.
Money value
TZS 32,640,000
Transnational
No
Decision
Appeal allowed, sentence set aside and order to release the appellant from prison.
Appealed
No
Penalty
-
Court cases cited
Robinson Mwanjisi and 3 others v. Republic (2003) TLR 218
Legislation cited
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002
Source