Title:
Nothing to do with wildlife crime yet everything to do with wildlife crime
Publication Year:
2024
Abstract:

KWS investigates the bulk of wildlife crime generally but it does happen that the National Police Service and the Directorate of Criminal also become involved in the same. The DCI, in fact, becomes the lead agency in the more serious wildlife investigations such as large, transnational, ivory seizures. A 2018-2019 courtroom monitoring report by Wildlife Direct indicated that of data analyzed, 31% of arrests under the Wildlife Conservation and Management Act were made by the NPS. This figure likely does not include arrests made by KWS (in more rural areas) where the assigned investigation officer was from the DCI. The vulnerabilities of compromised integrity, from the lower levels of DCI up to ministerial level, have played out significantly in major wildlife crime investigations. In a March 2021 report, the Head of Kenya’s DCI, George Kinoti, admitted that: "wildlife crime was not initially taken seriously as a major crime.” Five years previous, George Kinoti’s predecessor, Ndegwa Muhoro, stated publicly that" security agents suspected the (Jefwa) brothers were being protected by wealthy individuals behind the killing of elephants and rhinos in many parts of Kenya." This was in regards to almost 8 tonnes of ivory that had been seized in Thailand and Singapore in mid-2015 that had transited Mombasa. When one reads "wealthy individuals" in this context, it refers to persons who are at a level above the Head of DCI’s purview. Since 2009, there has only been one conviction in a major ivory case in Kenya and that was in March of this year. Fredrick Sababu Mungule and James Ngala Kassiwa had been charged with two offences under the East African Community Customs Management Act (EACCMA); conspiracy to contravene provisions of the said Act and bringing into customs area prohibited goods, namely 638 pieces of ivory weighing 3827 kg for export to Thailand in January 2013. On March 23rd, 2022, Chief Magistrate Edna Nyaloti, rendered a conviction to the first charge only and sentenced both to a two year jail term; the sentence a virtual guarantee that they would not appeal for fear of receiving even more jail time. In Mombasa area courts in the past two years, there have been four ivory cases whereby DCI investigators or NPS officers provided either contradictory evidence to that of KWS investigators or testified in a manner that was hostile to the prosecution. In two of the four, CF 754/13 (Mombasa) and CF 843/17 (Kwale), acquittals were registered. One prosecution is still on-going, E005/22 (Mombasa), while in the fourth case, CF 1008/18 (Mombasa) Chief Magistrate Nyaloti prevailed again to sift through the contradictions to render a conviction.

Series Title:
Seej-Africa
Type:
Newspaper
Item Type:
Report
Language:
en

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