780/18 Kibera - R. vs. Jane Wawira Ndege and Nancy Truphena Otanga 1.5 kg Ivory
by Esther Gutu
December 6th, 2023: In a ruling today at Kibera Law Courts, the nearly six-year-long legal battle involving wildlife trafficking reached its climax as Jane Wawira Ndege and Nancy Truphena Otanga were sentenced to either pay a fine of 1.5 million Kenyan Shillings each or face a 5-year prison term in default. They both faced charges of illegal possession of 31 pieces of cut ivory weighing 1.5kg. The two women had been arrested by undercover KWS officers on June 21st, 2018 in the Central Business District of Nairobi.
The presiding magistrate, Principal Magistrate C. M. Njagi, delivered the sentence after careful consideration of the mitigation presented by the defendants during the previous court date. Hon. Njagi also referred to relevant legal precedents in determining the appropriateness of the sentence for the crime at hand.
In response to the sentence, both defendants, Jane Wawira Ndege and Nancy Truphena Otanga, appeared visibly shocked. They implored the magistrate to reconsider the fine, pleading for a more lenient penalty. However, Hon. Njagi reiterated that once the sentence had been pronounced, it could not be altered. She did, however, inform them of their right to appeal the decision within the next 14 days.
During the proceedings, Hon. Njagi emphasized the gravity of wildlife trafficking, stressing the importance of protecting endangered species and deterring others from engaging in such illegal activities.
Following the sentencing, the court ordered the immediate remand of the two defendants. They were taken into custody as they face the decision of whether to pay the substantial fine, file an appeal within the specified time frame, or serve the 5-year prison term.
For some, the verdict sends a strong message about the severity of wildlife-related crimes and underscores the necessity of the judiciary to combat these illegal activities that threaten the nation’s wildlife in particular and biodiversity in general. Others will see a continued and disappointing inconsistency, partially fuelled by interference from outside the criminal justice system; where the small fry receive jail time in default of fines they can never pay, while the upper echelons avoid jail time with payment of fines that are a part of doing business.
Editors Note: This prosecution took 28 court sittings from arraignment in June 2018 to sentencing in on December 6th, 2023. While the judgement and sentencing were read by Principal Magistrate C. M. Njagi, they were likely written by Senior Resident Magistrate Renee Kitagwa who presided over the entire trial proceedings prior to her November transfer to JKIA law courts.
