In today’s court news, the JKIA Law Courts have sentenced two individuals,Duh Hung Nguyen and Dennis Ng’ang’a, to pay a fine of Ksh 1 million each, or serve 12 months in prison in default, for illegally dealing in live wildlife.
Appearing before Senior Principal Magistrate Njeri Thuku, the duo faced charges of handling live wildlife species without authorization, contrary to Section 95(c) of the Wildlife Conservation and Management Act, Cap 376 of the Laws of Kenya.
The particulars of the offence are that on April 5, 2025 between 2300 hours and 0200 hours at Nairobi Town ; Central Business District (CBD), Hemak Towers, Hemak Suites and Syokimau Tofina Muthama apartments, within Nairobi and Machakos County with others not before court were found while dealing in live wildlife species namely garden ants (messor cephalotes) packaged in 140 syringes and approximately 300 unpackaged garden ants in two containers which have a street value of Kshs 200,000 without a permit.
While delivering the sentence, Magistrate Thuku compared the illegal trade in wildlife to the historical slave trade, stating that the act of forcibly removing a creature from its natural habitat without consent is a grave violation.
“Imagine being violently removed from your home and packed into a container with many others like you. Then imagine being isolated and squeezed into a tiny space where the only source of nourishment for the foreseeable future is glucose water. In this tiny space you will be transported thousands of miles away from your home to a foreign land. There you will wait until you are bought and placed with an owner who will give you a new home.” posed Magistrate Njeri Thuku.
In quoting the Kenya National Anthem, the court said it will continue to do its best to protect the wildlife in Kenya.
This, the court said is accurately stated in verse two of the national anthem, “Amkeni ndugu zetu tufanye sote bidi nasi tujitoe kwa nguvu. Nchi yetu ya Kenya tunayoipenda tuwe tayari kuilinda.”.
However, the court ruled that although the recommendation in the Victim Impact Statement from the Kenya National Museum suggested for a harsher sentence towards Duh and Dennis, the Kenya Museum did not know that justice is to be tampered with mercy.
The court also said that the two suspects pleaded guilty on the day of plea therefore accruing benefits to the court and particular judicial time which is always a scarce resource in the judiciary.
They were therefore sentenced to pay a fine of Ksh 1 million each in default to serve 12 months in prison
