Republic v Kamau [2025] KEMC 68 (KLR)

Republic v Kamau (Criminal Case E906 of 2024) [2025] KEMC 68 (KLR) (17 April 2025) (Sentence)

Neutral citation: [2025] KEMC 68 (KLR)

Republic of Kenya

In the Nakuru Law Courts

Criminal Case E906 of 2024

PA Ndege, SPM

April 17, 2025

Between

Republic

Prosecution

and

John Maina Kamau

Accused

Sentence

1. The accused herein, John Maina Kamau, has been convicted upon own plea on two counts as follows:Count I being in possession of meat of wildlife species without permit contrary to section 98(1) of the Wildlife Conservation Management Cap 376. Particulars being, “On the14th day of April 2024 at around 0200 Hrs at Soysambu Conservancy in Nakuru East Sub County within Nakuru County you were found jointly with others not before court, in possession of meat of wildlife species namely, buffalo meat weighing 90 kg, without permit.”Count II being entering a protected area without permit contrary to section 102(1), as read with section 102(1)(h) of Wildlife Conservation and Management Act. Particulars being “On 14th day of April 2024 at around 0200 Hrs at Soysambu Conservancy in Nakuru East Sub County within Nakuru County you were found jointly with others not before court, to have gained illegal entry to a protected area without permit.”

2. The accused person having no previous record, has pleaded for leniency before court stating that he is the sole breadwinner of his family and taking care of three children. The offences which he has pleaded guilty to, however have minimum penalties prescribed for them by Parliament. I am thus bound by the minimum penalties and I do therefore sentence him as follows:a.As to Count 1, relying on section 98(1) of the Wildlife Conservation and Management Act Cap 376 of the Laws of Kenya, I do hereby sentence the accused person to the minimum penalty of the offense which is 3 years imprisonment.b.As for Count 2, relying on the provisions of section 102(1) and section 102(1)(h) of the Wildlife Conservation and Management Act, I do hereby sentence the accused to the minimum penalty provided for the offense which is a fine of Kshs. 200,000 in default to serve 2 years imprisonment.The sentences shall run consecutively as required.R/A 14 days explained

DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 17TH DAY OF APRIL 2025ALOYCE-PETER-NDEGESENIOR PRINCIPAL MAGISTRATEIn the presence of;Court interpreter: JanetProsecution counsel: MachariaAccused: Present