Improve new wildlife laws, says Mutunga
Chief Justice Willy Mutunga (left) meeting former Narok town councilor Pauline Naneu Kinyakwoo during the Second National Judicial Dialogue on Environmental and Wildlife Crimes meeting at Safari Park Hotel, Nairobi, on January 30, 2104. Mr Mutunga told conservationists to suggest amendments to the new wildlife laws to prevent poachers from taking advantage of the loopholes to escape justice. PHOTO | FILE
What you need to know:
- Tang Yong Jian, a Chinese man, was this week fined Sh20 million or in default spend seven years in jail for being found with elephant tusks weighing 3.4 kilogrammes at Jomo Kenyatta International Airport
Chief Justice Willy Mutunga told conservationists to suggest amendments to the new wildlife laws to prevent poachers from taking advantage of the loopholes to escape justice.
Dr Mutunga said the new Wildlife Management and Conservation Act had many good provisions likely to deter poachers but the shortcomings in some sections of the legislation could weaken its main goals.
“There is reason to be very hopeful that we can turn things around,” Dr Mutunga told the Judicial Dialogue on Environmental and Wildlife Crimes at the Safari Park Hotel on Thursday.
“With this kind of sustained and robust engagement among the stakeholders replacing finger-pointing of yesterday, we are certain to suggest quick amendments that will fix the more serious loopholes and mistakes in the Act,” he said.
The CJ did not clarify on the weaknesses, but the new Act, according to Dr Paula Kahumbu of Wildlife Direct, has some scheduling errors which defence lawyers could use to argue for technical dismissal of cases.
“We have identified many mistakes that could be used the wrong way. For example, sometimes the wrong schedule is picked and in other cases schedules are wrongly named, which makes it easy for defence lawyers to challenge prosecution charges,” Dr Kahumbu told the Nation.
Dr Mutunga spoke just two days after the new Act claimed its first victim — a Chinese man.
Tang Yong Jian was this week fined Sh20 million or in default spend seven years in jail for being found with elephant tusks weighing 3.4 kilogrammes at Jomo Kenyatta International Airport.
It was the first time a trafficker of illegal wildlife items had been convicted under the tough laws passed recently and conservationists are excited that this trend will deter poachers.
The new Act has brought in tougher penalties which the authorities think will help discourage traffickers by making poaching a loss-making venture.
Kenya has lost more than 190 elephants to poachers since January 2012 and 29 rhinos have also been killed for their horn.
