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MagistrateDismissedCriminal Case (Samburu Central Sub-County), charge of dealing in endangered species contrary to section 92(2) as read with section 105(a) of the Wildlife Conservation and Management Act No. 47 of 2013· [2025] KEMC 52 (KLR)

Republic v Wanjohi (Criminal Case E057 of 2025) [2025] KEMC 52 (KLR)

Magistrates' Court (Criminal Division), Maralal Law Courts
1 April 2025
1,270 words in judgment
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The bottom line

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A Kenyan magistrate refused bail to a man caught with tonnes of sandalwood, partly because he re-offended while already out on bond in another case.

What this practically means

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Executive summary

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The accused pleaded not guilty on 11th March 2025 to dealing in endangered species contrary to section 92(2) as read with section 105(a) of the Wildlife Conservation and Management Act No. 47 of 2013, having been arrested on 10th March 2025 at Lodokejek along the Kisima-Maralal highway transporting approximately 2.5 tonnes of East African sandalwood valued at Kshs 1,250,000 in a Toyota Hiace without a permit from the Director General of the Kenya Wildlife Service. A bail information report revealed a similar pending charge at the Kahawa Anti-Terrorism Court (Criminal File No. E050 of 2024) in which the accused was on bond, and that he was arrested in this case while on bond. On 1st April 2025 the DPP did not in principle oppose bail, and defence counsel urged admission on reasonable terms. Senior Principal Magistrate T.A. Sitati held that the court's duty was two-fold: to determine suitability for bail and, if suitable, the terms. Applying the Bail and Bond Policy Guidelines and the principle in Republic v Frederick Ole Leliman & 4 Others that a high chance of re-offending disentitles an accused to bail, the court found that the accomplices at large and the accused's re-offending while on bond created a real likelihood of further offences, overriding the DPP's non-objection. Bail was denied in whatever terms; the accused was remanded in custody for the duration of the trial. The court directed the DPP to amend the charges to reflect the correct tonnage of the recovered exhibits and granted a 14-day right of appeal. No costs order was made.

Key legal issues

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01

Suitability of the accused for bail in wildlife offences

Holding

Bail denied notwithstanding the DPP's non-objection; the court must independently consider the interest of justice including likelihood of re-offending and interference with the criminal process.

Reasoning

The offence was committed jointly with accomplices who escaped arrest, showing a high tendency to avoid court attendance. The accused was arrested in Samburu while on bond in a similar pending case at the Kahawa Anti-Terrorism Court. The Bail and Bond Policy Guidelines require balancing the accused's liberty against public safety and the integrity of the criminal justice system, and the court found the likelihood of re-offending real rather than speculative.

p. 2
02

Weight of the DPP's non-objection to bail

Holding

The court declined to treat the DPP's non-objection as determinative because it was taken without accounting for the real likelihood of re-offending with fugitive accomplices.

Reasoning

The court held that although the prosecution did not object to bail, its position ignored the weighty factor that accomplices were at large and the accused had re-offended while on bond. The outstanding inquiry into the stolen motor vehicle would be dealt with in forfeiture proceedings but could not be disregarded in the bail analysis, which the court must conduct independently under the Bail and Bond Policy Guidelines.

p. 3
03

Two-fold duty of the court in bail determinations

Holding

The court's duty is first to determine suitability for bail and, if suitable, to determine the terms.

Reasoning

The court framed its task as a two-fold one: determining suitability for bail-bond and, where suitable, determining the terms. Because suitability failed on the facts, no terms were set.

Legal principles established

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  • Where an accused has a high chance of re-offending while out on bail, the court should be disinclined to grant bail in the subsequent case
  • Evidence that an accused person is likely to commit a serious offence if released on bail is a good ground to deny bail

Court orders

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  1. 1.The accused person shall remain in custody during the pendency of the trial (bail/bond denied)
  2. 2.The DPP shall amend the charges to reflect the correct tonnage of the recovered exhibits as ascertained during the production of evidence by the investigating officer
  3. 3.Right of appeal is 14 days

Authorities

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Legislation

  • Wildlife Conservation and Management Actsection 92(2) as read with section 105(a)
  • Bail and Bond Policy Guidelines (BBIC)general

Cases cited (1)

  • Republic –v- Frederick Ole Leliman & 4 Others
    (2016) KEHC 992 KLR
Jurisdiction invoked
Criminal jurisdiction over dealing in endangered species under section 92(2) as read with section 105(a) of the Wildlife Conservation and Management Act No. 47 of 2013; bail determination under the Bail and Bond Policy Guidelines

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Wanjohi (Criminal Case E057 of 2025) [2025] KEMC 52 (KLR)", Case Analysis (2025). Criminal Case (Samburu Central Sub-County), charge of dealing in endangered species contrary to section 92(2) as read with section 105(a) of the Wildlife Conservation and Management Act No. 47 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/52/eng@2025-04-01

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.