By Andrew Kariuki
A Kilifi court has convicted two men after finding them guilty of unlawfully possessing an elephant tusk, an offence under Kenya’s wildlife protection laws.
Samuel Kazungu Duka, 50 and Nelson Kiringi Nzai, 25, were fined Ksh1 million each or, in default, sentenced to serve two and a half years in prison following their conviction by the Kilifi High Court.
The court heard that the two were arrested on September 12, 2023, at about 12:30 p.m. in the Chumani area of Kilifi North Sub-County after officers acted on intelligence reports.
During the operation, police intercepted the suspects and recovered an elephant tusk concealed inside a yellow nylon sack.
Evidence presented in court showed that the tusk weighed approximately five kilograms and was valued at about Ksh500,000.
Investigators established that the accused had no permit or lawful authority to possess the wildlife trophy.
Elephants are classified as endangered species and their tusks are protected under Kenyan law due to persistent threats posed by poaching and illegal wildlife trade.
The two were charged under Section 92(4) of the Wildlife Conservation and Management Act, 2013, which prohibits possession of wildlife trophies without authorization.
In her ruling, Chief Magistrate J. Mwaniki held that the prosecution had proved its case beyond reasonable doubt, noting that the recovered tusk was a protected wildlife trophy and that the accused failed to demonstrate any lawful basis for its possession.
The court consequently entered convictions against both men and imposed the prescribed penalties.
