Three poachers arrested with 14 elephant tusks three years ago have been jailed for six years by Chuka High Court after review of past one-year sentence by a magistrate court.
The three: Mr Patrick Muthuri, M’ Andaka Mbiuki and Luka Njagi were nabbed with the trophies weighing 58 kilos at a hotel in Chogoria by Kenya Wildlife Service rangers following tip-off from the public.
The trio had been directed to each pay a fine of Sh1 million or serve one-year jail term in default of the payment but the prosecution side led by Jane Maari and KWS Eastern Conservancy prosecutor Mr Dickson Odhiambo appealed on claims that the sentence was too lenient.
The prosecution argued that the trial court failed to recognize that 14 elephants had been killed and the tusks were from Lexondanta Africana which is one of the most endangered elephant species in the country.
Further, the prosecution argued that the lower court failed to put into consideration Section 92 of the Wildlife Management Act which provides that a person found guilty of such an offense should be fined not less than Sh20 million or serve life imprisonment in default or both.
Among the issues the trial magistrate considered in delivering the first ruling were fact that the three were old, first offenders and bread winners to their families.
Justice Lucy Gitari on Thursday agreed that the ruling was too lenient for such an offense citing the Wild Life Management Act provisions which provides for a more serious sentence.
