Gavel
The Director of Public Prosecutions (DPP) has secured the conviction of two men in Kilifi after the High Court found them guilty of possessing an elephant tusk without lawful authority.
The pair were sentenced to pay fines of Sh1 million each or, in default, serve two-and-a-half years’ imprisonment.
Prosecutors told the court that the two were arrested on September 12, 2023, in the Chumani area of Kilifi North subcounty after law enforcement officers, acting on intelligence, intercepted them and recovered a single elephant tusk concealed in a yellow nylon sack.
The tusk weighed approximately five kilogrammes and had an estimated value of Sh500,000.
The court heard that the wildlife trophy was recovered without any permit or authorisation, contrary to Section 92(4) of the Wildlife Conservation and Management Act, 2013.
Elephants are classified as endangered, with their tusks protected due to persistent threats from poaching and illicit trade.
In her judgment, Chief Magistrate J. Mwaniki ruled that the prosecution had proved its case beyond reasonable doubt, affirming that the recovered tusk was a protected wildlife trophy and that the accused had no lawful justification for its possession.
The Office of the Director of Public Prosecutions (ODPP) described the ruling as a significant win in efforts to curb wildlife crime, noting that strict penalties remain central to Kenya’s strategy to deter poaching and illegal trafficking of endangered species.
In a separate case in November 2025, a Mombasa court sentenced a man to 10 years in prison after finding him guilty of illegally possessing and dealing in elephant tusks valued at Sh2.4 million.
Senior Resident Magistrate David Odhiambo convicted the offender on two counts under the Wildlife Conservation and Management Act, 2013, in what was described as a major win for the DPP in the fight against wildlife trafficking.
The conviction followed a well-argued and comprehensive case presented by Principal Prosecution Counsel Barbara Sombo.
For possessing a wildlife trophy of an endangered species without a permit, the accused was fined Sh3 million, with a three-year jail term to be served in default of payment.
He was further sentenced to seven years’ imprisonment for dealing in wildlife trophies without lawful exemption.
The sentences are to run concurrently, meaning he will serve a maximum of seven years.
The court also issued a warrant of arrest for his co-accused, who absconded after being released on bond.
The trial proceeded in his absence, and he was convicted in absentia.
Magistrate Odhiambo directed that he be arrested and sentenced immediately upon being traced.
The prosecution relied on evidence from six witnesses, including Kenya Wildlife Service officers and police personnel.
Court documents showed that the two men were arrested on January 1, 2022, at Memon Villa in Mombasa’s Central Business District after intelligence reports indicated they were preparing to sell ivory.
Officers mounted an operation and intercepted their black Toyota Aqua vehicle as the suspects attempted to reverse and flee.
A search of the car uncovered a black bag containing a Nigerian-style bag and a green manila sack.
Inside, officers recovered seven cut elephant tusks and a digital weighing scale, which prosecutors said were intended for sale.
The court ordered the vehicle forfeited to the state and directed the Kenya Wildlife Service to destroy the seized tusks.