Database of Legislation

Crimes that affect the environment

  • Offences

      • • Wildlife crime

  • Prohibited Act

      • • Transfer/Transportation
      • Domestic trade/supply
      • International trade (import, export, re-export)
      • Acquisition/Possession/Ownership

  • Subject

      • • Domestic protected species
      • CITES / International protected species
      • Product

  • Details

      • • Undocumented/unlicensed conduct
      • CITES protected species

  • Keywords

      • • Acquisition/Possession/Ownership
      • Transfer/Transportation
      • Domestic trade/supply
      • International trade (import, export, re-export)
      • Domestic protected species
      • International protected species (e.g. CITIES)
      • Product
      • Documentation
      • Other environmental crimes

Kenya

 Part XI
 Section 99

UNTOC Articles

  • Organized Crime Convention

  • Article 11: Prosecution, adjudication and sanctions

  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Section 99.
    (1) No person shall trade in, import, export, re-export or introduce any specimen of a wildlife species into or from Kenya without a permit issued by the Service under this Act.
    (2)Without prejudice to the generality of the foregoing, no person shall -

    1. (a) import any such species into, or export any such species from Kenya;
    2. (b) take any such species within Kenya or Kenya's territorial waters;
    3. (c) take any such species upon the high seas;
    4. (d) possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species taken in violation of paragraphs (b) and (c);
    5. (e) deliver, receive, carry, transport, or ship in county commerce, by any means whatsoever and in the course of a commercial activity, any such species;
    6. (f) sell or offer for sale in commercial transaction within or outside Kenya any such species;
    7. (g) products of listed species; or
    8. (h) violate any rules and regulations pertaining to such listed species.

    (3) A person who contravenes the provisions of this section commits an offenceand shall be liable, upon conviction,—  

    1. (a) in relation to a critically endangered or endangered species, as specified in the Sixth Schedule or listed under CITES Appendix I, to afine of not less than one hundred million shillings or to imprisonment of not less than twenty years or both such fine and imprisonment; or 
    2. (b) in relation to any other wildlife species or wildlife trophy, to a fine notless than twenty million shillings or a term of imprisonment not lessthan ten years, or to both such fine and imprisonment. 

    (4) A person, agent or corporate entity that, knowingly or recklessly, aids or 
    abets, in the commission of an offence under this section shall be liable to thepenalties specified in subsection (3).

     
     

    Cross-Cutting Issues

    • Liability

      • ... based on

          • • criminal intention
          • Recklessness/negligence/strict liability

      • ... as involves

          • • principal offender(s)
          • participant, facilitator, accessory
     

    Attachments