WILDLEX

As mentioned above, officials of the National Parks and Wildlife Department disguised themselves as potential customers of the defendant, who was in possession of large amounts of ivory with the intention for sale.

On 6 of November 2005, Kenya Wildlife Service Rangers found 2 men, the current appellants, slaughtering a buffalo within the Ragati forest. Arresting them, they recovered a spear, 2 pangas, a snare and 2 bags. The appellants were charged with the aforesaid offences.

The five appellants have been charged on the aforesaid Count Nos. 2 and 4. The Court, to which the appeals have been made, noted "certain glaring anomalies" with the court of first instance's verdict.

This case is an application for bail pending appeal.

The applicant sought bail pleading exceptional circumstances: his severe medical condition; he was elderly (51 years) and that he was a first-time offender.

This is an appeal case based on arguments that the sentence of imprisonment is excessive when the magistrate could have imposed a fine and that the order for forfeiture was wrong.

The court held that, the fine imposed was the maximum according to section 110 (b) of the Act which provides for penalties. The court held that, there is no explanation why the magistrate imposed the maximum fine for an accused who pleaded guilty and was a first offender.

This was an appeal on the decision of the Chief Magistrate that found the appellant guilty of possession of four pieces of raw ivory and two hippo teeth without a permit or licence.