Three
Acquitted of Game-Meat Charges
Three
suspected game meat dealers have been acquitted of the charges
by a Machakos court.
Mr John Mburu, Mr John ole Kasio and Mr Peter Mwangi had pleaded
guilty to five counts relating to poaching and public health
but the court discharged them under Section 35 (1).
This section of the law allows the court to consider the nature
of offence and character of the offender in making a ruling.
In discharging the accused, Machakos Senior Resident Magistrate
S.A. Okato noted that the meat had been destroyed before being
taken to court as exhibits and that the inspection report
by the meat inspector was not available.
The suspects had been accused of being in possession of government
trophy without certificate of ownership and dealing in government
trophy without dealer’s licence, both contrary to the
Wildlife Act.
They had also been charged with transporting meat without
a certificate and conveying uninspected meat ‘knowing
very well that it was not inspected and certified to be fit
for human consumption by an inspection officer’, both
offences contrary to Meat Control Act.
Mr Okato also ordered the vehicle police had impounded released
to one of the accused.
In mitigation, Mr Mburu asked the court for leniency saying
his wife had delivered two days before the incident and was
still in hospital.
Mr ole Kasio asked the court for leniency, saying he was sorry
for what happened and was the sole bread winner.
Mr Mwangi said he had children in school.
In the ruling, the magistrate said: “I have considered
the fact that each accused is a first offender……
. Although the accused have pleaded guilty to the charges,
there is no evidence that they committed the offences as alleged.”
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