Nairobi, 22 July 2016: Today a Mombasa Law Court pronounced judgement in a landmark ruling of Feisal Mohamed Ali and five others.
Feisal Mohamed Ali was found guilty of illegal possession of ivory under Section 95 of the Wildlife Act (2013). He has been sentenced to 20 years in jail and fined 20 million shillings (USD 200,000) – the minimum was 1 million (USD 10,000) and a jail sentence of 20 years (the minimum was 5 years).
The other 5 co-accused were acquitted. Prosecution shall be appealing against the ruling on acquittal of the 5 accused while the defense team of the 6th accused will appeal the conviction and sentence.
The outcome of this case shows Kenya’s seriousness in handling wildlife crime. This is the biggest ivory trafficking case in Kenya’s history and the outcome is being monitored keenly by conservationists and the legal fraternity.
As she handed down her landmark sentence, Judge Hon. Diana Mochache said that poaching is a menace in Kenya. She stated that Kenyans never understood why poaching happens, and declared that one must not wear ivory ornaments. She warned of grave consequences if something is not done drastically to stop the poaching and that children would only know elephants from what they read. She reminded the court that in Kenya, we don’t have many elephants, and that elephants are the source of pride and heritage in Kenya. She noted that elephants are so adored that companies like Nakumatt use the elephant in their branding. But more than150 elephants were killed to supply the ivory involved in this case and she stated that this was why the court must put away the people who commit these crimes.
The trial had been challenged from the start, and has been heard by three different magistrates. Another inquiry connected to this case is ongoing with regards to the tampering of evidence.
Feisal and 5 co-accused were arrested in association with a seizure of 2.1 tons of ivory (314 pieces) on 5th of June 2014. They were charged with illegal possession of ivory under Section 95 of the Wildlife Conservation and Management Act (2013).
“This is an excellent result for the people of Kenya and for elephants. It shows that with the necessary support from KWS, ODPP and the judiciary, a just and powerful result can be delivered. It would have been a better outcome if he was sentenced life imprisonment considering the magnitude of the crime and its implications for wildlife,” said former Director of Public Prosecutions, Philip Murgor.
It is the first time that Kenya has prosecuted a large ivory seizure to conclusion and it sends a very strong message to poachers and traffickers that Kenya will not tolerate them.
WildlifeDirect congratulates the ODPP team whose prosecution was challenged by seven defense lawyers. The case has taken 2 years, and famously involved the arrest of Feisal Mohamed Ali in Tanzania following an Interpol red notice after he escaped Kenya when initially charged. He remained a fugitive for 7 months and was arrested on Christmas Eve in 2014. Feisal is the only accused person in this trial who was held in custody throughout the period despite several attempts to obtain bail.
WildlifeDirect has been watching brief on behalf of civil society, communities that derive their livelihoods from wildlife in Kenya.
WildlifeDirect is a Kenya and US registered charitable organization founded by Richard Leakey and chaired in Kenya by Senior Advocate and former Director of Public Prosecutions, Philip Murgor. WildlifeDirect campaigns for justice for wildlife to ensure Africa’s magnificent wildlife endures forever.
Press contact: Patricia Sewe, Communications Manager, WildlifeDirect