Herders Charged with Illegal Possession of Elephant Tusks

Two herders have been accused of illegally possessing elephant tusks and were recently charged in Mombasa, Kenya. The defendants appeared before Chief Magistrate Martha Mutuku on Wednesday, where they faced allegations of dealing in ivory. According to Kenya Wildlife Service detectives, the defendants were found in possession of elephant tusks valued at Sh2 million. The court decided against remanding the accused but instead imposed strict bond conditions. Each defendant was required to pay a bond of Sh1 million, with two personal sureties, or an alternative cash bail of Sh1 million.

The prosecution, represented by Principal Prosecuting Counsel Alex Gituma, opposed granting the accused bail, citing concerns that they might abscond trial. The investigation officer highlighted that the defendants, being herders, frequently migrate with their animals in search of pasture and water, and therefore have no fixed place of abode. However, Chief Magistrate Mutuku ruled that the charges against them were bailable offenses. To ensure their attendance at trial, she released them on stringent bond terms.

The two men have been charged under Section 92(2) of the Wildlife Conservation Act for dealing in wildlife trophies of an endangered species, with an estimated value of Sh2 million, without the required permit. Specifically, they were jointly found engaging in the trade of two elephant tusks weighing a total of 6 kg, which were concealed in a brownish safari bag without any legal authorization. The alleged crime took place on June 13, 2023, in the Mwembe Tayari area of Mombasa County.

The pre-trial for this case has been scheduled for June 22, 2023.

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