Base de Datos de Legislación

Delitos que afectan al medio ambiente
     Part VIII
     Section 40 - 42
     Section 40 - 42

    Artículos UNTOC

    • Convención contra la Delincuencia Organizada

    • Artículo 11: Proceso, fallo y sanciones
    • Protocolo contra la Trata de Personas

    • Protocolo contra el Tráfico Ilícito de Migrantes

    • Protocolo sobre Armas de Fuego

       

      Texto original

      PART VIII
      PROTECTION OF WILDLIFE CORRIDOR, DISPERSAL AREA,
      BUFFER ZONES AND MIGRATORY ROUTES

      ....

      40. Restriction relating to a national game

      (1) A person shall not, except by and in accordance with the written permission of the Director General, previously sought and obtained, hunt, kill, capture, wound or molest any national game.

      (2) A person who contravenes the provisions of Sub section (1) or any condition attached to any permission granted under subsection (1 ), commits an offence and shall be liable on conviction -
      (a) in any case where the conviction relates to the hunting, capture or killing of a national game, to a fine not less than twice the value of the animal hunted, killed or captured or to imprisonment for a term of not less than three years; and
      (b) in any other case, to a fine of not less than five hundred thousand shillings or to imprisonment for a term of not less than two years or to both such fine and imprisonment.

      41. Declaration of closed season

      The Minister may, by order in the Gazette, prohibit, restrict or regulate the hunting, killing or capture of any animal or class of animals in any area during such period as he may specify in such order and such period so specified is hereinafter referred to as "closed season."

      42. Restriction relating to closed season

      (1) Where an order has been made under section 41 in respect of any area, any person shall not, during the closed season hunt, kill, capture or wound within such area any animal to which such order applies except by and in accordance with the written permit issued by the Director General.

      (2) The Director General shall not issue the permission under subsection (1) of this section without the consent of the Minister.

      (3) Any person who contravenes the provisions of this section or condition attached to any permission granted under subsection (1) commits an offence and on conviction shall be liable to -
      (a) in any case where the conviction relates to the hunting, capture or killing of a national game, to a fine not less than twice the value of the animal hunted, killed or captured or to imprisonment for a term of not less than three years or to both such fine and imprisonment;
      (b) in the case where the conviction relates to the hunting, capture, or killing of an animal specified in Part II of the First Schedule to this Act, to imprisonment for a term of not less than three years, the court may in addition thereto, impose a fine of an amount not less than twice the value of the animal hunted, captured or killed;
      (c) in the case where the conviction relates to the hunting, capture or killing of an animal specified in Part lII of the First Schedule to this Act, to imprisonment for a term of not less than one year and in addition thereto, the court may impose a fine of an amount not less than twice the value of the animal hunted, captured or killed; and
      (d) in any other case, to a fine of not less than five hundred thousand shillings or to imprisonment for a term of not less than two years or to both such fine and imprisonment.

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