Kenya has set up a far-reaching administrative system that criminalizes wildlife poaching. Punishments for infringement of the substantive laws and required legal techniques comprise of fines, imprisonment and relinquishment of tools used to perpetuate a wrongdoing. While certain parts of implementing the substantive laws are shared over a few government foundations, it is the Kenya Wildlife Service (KWS), an organization with full prosecutorial powers that bears the essential duty regarding wildlife. The issue here arises on whether or not the new laws imposed are strong enough to fight poaching or whether the laws should be repealed or replaced again?
The research will contain specific cases and statutes of the law regarding wildlife in Kenya and if they are strong enough to fight poaching and wildlife trade in Kenya. Further, the research shall converse and contrast the current wildlife act and the previous one to see if the laws amended are of any good, and if so, if they reduce poaching, and by how much. If not, it will be discussed whether any new laws can be proposed to do so.
Kenya recently overhauled of the country’s wildlife regulatory regime. In December 2013 Kenya enacted the Wildlife Conservation and Management Act (WCMA) 2013. The WCMA repealed and replaced the Wildlife (Conservation and Management) Act, 1976. The World Wildlife Fund (WWF) helped coordinate the input of environmental civil society organization views after the Wildlife Conservation and Management Act 2013 was passed. This law was a summit of endeavors spreading over more than 15 years to get a far reaching and comprehensive enactment set up.
Table of Contents
CHAPTER ONE
INTRODUCTION
1. Introduction
1.1 Background
1.1.1 Overhauled Wildlife Laws & Poaching
1.1.2 Penalties
1.1.3 Enforcement Authority
1.1.4 The New Proposed Bill, The Wildlife Conservation and Management (Amendment) Bill, 2017
1.2 Statement of the Problem
1.3 Literature Review
1.4 THEORETICAL FRAMEWORK
1.4.1 Theory of Change
1.4.2 Deterrence theory
1.4.3 Rational Choice Theory
1.4.4 Utilitarian School of Thought on the Death Penalty
1.4.5 Kantian Ethics on the Death Penalty
1.4.6 Alternative Forms of Control Theory
1.5 Justification of the study
1.6 Research Hypothesis
1.7 Research Objectives
1.8 Research Questions
1.9 Research Methodology
1.10 Chapter Breakdown
CHAPTER TWO
POACHING: CAUSES & REASONS AND WILDLIFE STATISTICS OVER THE YEARS
2.1 Causes & Reasons for Poaching
2.1.1 Poverty, Lack of Jobs or Job Opportunities
2.1.2 Corruption & Weak Governance
2.1.3 Human Wildlife Conflict
2.1.4 Bush meat
2.2 Wildlife Poaching Statistics Over the Years
2.2.1 Rhinos
2.2.2 Elephants
2.3 Poaching Effects & The Importance of Wildlife Conservation
2.3.1 Effects on Local Communities
2.3.2 Effects on Animals
2.3.3 Effects on the Ecosystem
2.3.4 For Agriculture & Farming
2.3.5 For a Healthy & Clean Environment
CHAPTER THREE
RESEARCH METHODOLOGY, FINDINGS & DISCUSSIONS
3.1 Introduction
3.2 Measurement Instruments
3.3 Reason for Choosing Methodology
3.4 Data Results & Findings
3.5 Data Analysis
CHAPTER FOUR
OVERVIEW OF THE WILDLIFE CONSERVATION AND MANAGEMENT (AMENDMENT) BILL, 2017 TO THE OLD 2013 WCMA ACT.
4.1 Introduction
4.2 Are the laws imposed strong enough to fight or eradicate poaching in Kenya?
4.2.1 Section 92. Offences relating to endangered and threatened species -
4.2.2 Section 95. Offences relating to trophies and trophy dealing
4.2.3 Section 97. Offenses relating to subsistence hunting
4.2.4 Section 98. Offences relating to hunting for bush-meat trade
4.2.5 Section 99. Import and export of wildlife species
4.2.6 Section 101. Offenses relating to failure comply with a lawful order
CHAPTER FIVE
CONCLUSION AND RECOMMENDATIONS
5.1 Conclusion
5.2 Recommendations
5.2.1 Urgent amendment of Section 92 and Section 95 of the Wildlife (Conservation and Management) Act, 2013.
5.2.2 An NGO structure to support KWS in anti-poaching and investigations to be established.
5.2.3 Poaching prevention strategies
5.3 The 5 simple actions that one can do to make a difference
Research Objectives & Key Themes
The research primarily evaluates the efficacy of Kenya’s legislative framework, specifically the Wildlife Conservation and Management Act (WCMA) 2013 and the proposed 2017 Amendment Bill, in combating poaching. It investigates whether current penalties—and the potential introduction of the death penalty—serve as a sufficient deterrent to eradicate wildlife crime, while also analyzing the role of corruption and human-wildlife conflict in the ongoing crisis.
- The strength and adequacy of current wildlife laws in Kenya.
- The impact and legality of the proposed death penalty for poachers.
- Root causes of poaching, including poverty, corruption, and human-wildlife conflict.
- Analysis of wildlife poaching statistics (elephants and rhinos) over the years.
- Evaluation of enforcement mechanisms and the effectiveness of sentencing.
Excerpt from the Book
2.1.2 Corruption & Weak Governance
Corruption & Weak governance have intensified the poaching crisis. Endemic poverty has helped organized criminal elements recruit, bribe, and threaten locals, poorly paid police, military personnel, and wildlife rangers to participate in wildlife crime.
Corruption is linked with the dilemma of poverty as yet again; quick source of income enables the corrupt individuals to make ends meet.
“Corruption among government and private sector officials is a key enabling factor of the illegal wildlife trade,” states the wildlife trade report. “The fact that wildlife contraband, especially rhino horn and elephant ivory, has been exported from Kenya only to be seized in transit or in destination countries means that wildlife traffickers are able to exploit security loopholes in the country’s law enforcement network.”
With this being said, it further proves that corruption intensifies the poaching crisis due to the loopholes in Kenya’s law enforcement at the ports as various questions arise such as how did the ivory pass customs? Whether or not the containers were checked? This really makes one question the authorities in charge and competence in carrying out their duties.
In addition, in some cases, corruption hides behind incompetence, according to Elizabeth Gitari, a legal officer at Wildlife Direct in Kenya. She says some cases against poachers have been compromised by defective charge sheets, which she suggests may be a deliberate effort by lower level officials to ensure the cases are not heard.
Summary of Chapters
CHAPTER ONE: Provides an introduction to the poaching crisis in Kenya, covering the research problem, theoretical framework, and the scope of the study regarding current wildlife laws.
CHAPTER TWO: Explores the primary causes of poaching, such as poverty and corruption, and presents statistical data on the decline of rhino and elephant populations.
CHAPTER THREE: Details the research methodology, specifically the use of asynchronous online interviews and surveys to gather public perspectives on poaching and potential legislative solutions.
CHAPTER FOUR: Analyzes the Wildlife Conservation and Management (Amendment) Bill 2017 in comparison to the 2013 Act, focusing on specific sections related to offences and penalties.
CHAPTER FIVE: Synthesizes the research findings, concludes on the inadequacy of current laws, and proposes recommendations including stricter sentencing and non-custodial alternatives.
Keywords
Poaching, Kenya, Wildlife Conservation, WCMA 2013, Death Penalty, Legislation, Deterrence Theory, Biodiversity, Anti-poaching, Corruption, Elephant Conservation, Rhino Poaching, Wildlife Trafficking, Law Enforcement, Sustainability.
Frequently Asked Questions
What is the core issue explored in this research?
The research examines whether Kenya's current wildlife legislation, specifically the Wildlife Conservation and Management Act 2013, is strong enough to effectively combat or eradicate poaching.
What are the central themes of the work?
Key themes include legislative analysis of anti-poaching laws, the role of corruption in wildlife crime, the effectiveness of various sentencing models, and the socio-economic factors driving individuals toward poaching.
What is the primary objective of this thesis?
The main objective is to determine if current penalties are sufficient and whether the introduction of the death penalty for poachers could serve as a viable solution to end the poaching crisis.
Which research methodology was employed?
The author utilized descriptive research based on both primary and secondary data, including scholarly articles, reports, and a semi-structured online survey/questionnaire distributed to collect public views.
What topics are discussed in the main body of the work?
The study covers the history of wildlife laws in Kenya, theoretical frameworks like Deterrence and Rational Choice theory, statistical analysis of poaching trends, and a comparative review of the 2013 Act versus the 2017 Amendment Bill.
How are the key conclusions characterized?
The work concludes that existing laws are hindered by corruption and inconsistent enforcement, suggesting that simple punitive measures like the death penalty may not be the definitive solution.
How does the author address the "Death Penalty" controversy in Kenya?
The author notes it is a highly debated, sensitive political and human rights issue and argues that it requires thorough consideration before being implemented as a potential, albeit controversial, last resort.
What specific case study does the author examine to test the laws?
The author discusses the case of Feisal Mohamed Ali to demonstrate the complexities and potential failures in the prosecution and enforcement of wildlife crime in Kenyan courts.
Why does the author suggest looking at the Zambia Wildlife Act of 2015?
The author suggests the Zambian model because it emphasizes harsher sentencing "without the option of a fine," which the author views as a more effective way to prevent poachers from simply buying their way out of justice.
- Quote paper
- Ali Satar (Author), 2019, Are the wildlife laws imposed strongly enough to fight poaching in Kenya?, Munich, GRIN Verlag, https://www.grin.com/document/490966
