Court Hammer.
By Ryan Mumo
In a landmark ruling in the fight against wildlife crime, a Mombasa court has sentenced a man to 10 years in prison for illegally possessing and dealing in elephant tusks valued at Sh2.4 million.
Senior Resident Magistrate Hon. David Odhiambo convicted Abdi Mohamed Ali on two counts under the Wildlife Conservation and Management Act, 2013, following a meticulously prepared case by Principal Prosecution Counsel Barbara Sombo.
Abdi was fined Sh3 million for possessing a wildlife trophy of an endangered species without a permit, with a three-year custodial sentence in default. He was further sentenced to seven years in prison for dealing in wildlife trophies without lawful exemption. The sentences will run concurrently.
The court also issued a warrant of arrest for Abdi’s co-accused, Assad Mohammed Ahmed, who absconded after being released on bond. Ahmed was convicted in absentia, and Hon. Odhiambo directed that he be apprehended and sentenced upon arrest.
Prosecutors built a compelling case with testimony from six witnesses, including Kenya Wildlife Service (KWS) and police officers. Evidence revealed that the suspects were arrested on January 1, 2022, at Memon Villa in Mombasa’s Central Business District after intelligence indicated they planned to sell the ivory.
Officers intercepted their black Toyota Aqua, registration KCZ 476P, and discovered a black bag and a green manila sack containing seven cut elephant tusks and a digital weighing scale.
The court ordered the motor vehicle forfeited to the State and directed KWS to destroy the confiscated tusks.
In its judgment, the court praised the Office of the Director of Public Prosecutions (ODPP) for presenting a watertight case, noting that the charges had been proven beyond a reasonable doubt, and dismissed the defence as an afterthought.
The conviction underscores the ODPP’s intensified efforts to combat wildlife trafficking and protect Kenya’s endangered species.