Three suspects have been jailed by a Homa Bay court for 12 years for being found with a rhino horn worth Sh2.9 million.
One of the three accused is a Kenya Defence Force (KDF) officer identified as Benard Omondi Osunga; his two accomplices are George Oloo and Argwings Watta. They were accused of possessing the horn weighing 2.9kg.
The three were arrested when they were found with the rhino horn in Rodi Kopany Township, Homa Bay County.
They were accused of dealing in a trophy of a specified endangered wildlife species contrary to Section 105 of the Kenya Wildlife Conservation and Management Act, CAP 376 Laws of Kenya.
The court heard that the three were jointly found dealing in a wildlife trophy, namely one piece of rhino horn, using a motor vehicle at Tausi Hotel in Rodi Kopany Township without a permit
In a second count, they were accused of possessing a trophy of a specified endangered wildlife species contrary to Section 92(4) as read with Section 105 of the Wildlife Conservation and Management Act, CAP 376 Laws of Kenya. The court heard that the three possessed one piece of rhino horn without a permit.
In their mitigation, the accused persons pleaded for leniency on grounds that they were first offenders. They added that they were family men with dependants and some of their children were going to school and would suffer if they were given custodial sentences.
But Homa Bay Senior Resident Magistrate Christine Auka gave a seven-year jail sentence to each of them for count one.
In count two, each of them was fined Sh3 million or a five-year jail term in case of failure to raise the fine, with the sentences to run consecutively.
Auka said that rhinos are a protected wildlife species and they are drivers of tourism and other economic benefits to Kenya.
The accused persons have 14 days to appeal the court judgement. Auka also ordered the owner of the motor vehicle used in ferrying the rhino horn to appear in court on Wednesday this week to show cause why the vehicle should not be forfeited to the State.
The rhino horn was forfeited to the Kenya Wildlife Service.
By Davis Langat
