REPUBLIC OF KENYA OR RESIDENT MAGISTRATE’: CRIMINAL CASE NO. 330 OF 2013 IN THE SI REP THRO’. ..MWINGI POLICE STATION : VERSUS «SOLOMON K. MWAMBA. JUDGEMENT ‘The accused herein is charged with being in possession of Government Trophy contrary to section 42(1)(b) as read with section 56(2) of the Wildlife Conservation Management) Act Cap 376 Laws of Kenya. Count II is dealing in Government Trophy without a dealer's licence contrary to section 43(4) of the Wildlife Conservation and Management) Act cap 376 Laws of Kenya. Count Il is failing to make a report of possession of a Government Trophy contrary to sedition 39(3) (a) of the Wildlife (Conservation and Management Act Cap 376 Laws of Kenya) The accused denied the charge four 94) witnesses testified in support of the charge. The accused testified in his defence. ‘The prosecution case is that the accused was found selling the elephant tusk weighing 3.8kg a: Kshs 800,000. This was according to PWI Jeremiah Kivuti a KWS officer and PW2 Cpl Mhamed Lesule ‘The exhibit was present for examination at the national Museum, PW3 Ogeto Muebi examined and concluded that ipchumba testified to have interrogated PW1 and PW2 who told him that they the exhil PW4 PC Justus had posed as buyers. He produced the elephant tusk as exhibit. The accused in his defence s an elephant ivory that is deformed. testified to have been called by one Maurice Katua and was handcuffed. He denied committin; the officer and claimed to having seen the elephant tusk at the police station. Ihave carefully considered the entire evidence and submissions on behalf of the accused. The point a determination is whether accused guilt has been proved. Although the accused denied committing the offence, there is no sufficient reason adduced by the accused as to why PW1 and. PW2 would have framed the accused. | have no doubt that accused was found in possession of the elephant ivory. However the accused was charged under CAP 376 which was repealed by the Page 18 of 19Wildlife Conservation & Management Act 2013. As such it will be unsafe to convict the accused on a wrong charge. He is acquitted under section 215 of the CPC. Right of appeal 14 days. M.W MURAGE-RM 20/7/16 ‘Court- Judgmeent read and delivered in open court on this 21° July 2016 before me K. Sambt PM on behalf of the trial magistrate, Ms Margaret Murage and in the presence of the accused. person, Mr. Muigai holding brief for Mr. Mbaluka appearing for the accused person, Mr. Mohamed court assistant and Ms Judith Kivuti state counsel K. SAMBU-1 20/7116 Court- Surety discharge and the security document deposited ordered released to him K.SAMBU-PM 20/7/16 Page 19 of 19