2015

A REPORT FROM THE INTER-

AGENCY REVIEW FORUM OF

THE ODPP WILDLIFE

STANDARD OPERATING

PROCEDURES (SOPS) HELD

FROM 18TH 20TH MARCH

2015 HELD AT FAIRVIEW

HOTEL

ODPP Report

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Contents

1. INTRODUCTION ..................................................................................................... 2

PARTICIPANTS ........................................................................................................... 2

2. OVER VIEW OF THE WORKSHOP .............................................................................. 2

A) CHALLEGES FACING KENYA WILDLIFE SERVICE ....................................................... 2

B) CHALLENGES FACING ODPP ..................................................................................... 5

C) CHALLENGES FACING KENYA REVENUE AUTHORITY (KRA) ........................................ 7

D) CHALLENGES FACED BY IMMIGRATION ................................................................... 12

E) CHALLENGES FACED BY THE JUDICIARY .................................................................. 13

F.) CHALLENGES FACING THE POLICE FORCE ............................................................... 14

3. GROUP WORK OUTCOMES ................................................................................... 14

A. GROUP 1 ........................................................................................................... 14

B. GROUP 2 ........................................................................................................... 15

C. GROUP 3........................................................................................................ 19

4. WAY FORWARD .................................................................................................... 21

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1. INTRODUCTION

The Director of Public Prosecutions in collaboration with the British High Commission

organized an inter-agency forum at the Fairview Hotel from 18th 20 March 2015 with a concept

of reviewing the Wildlife Standard Operating Procedures (SOPs) to make them more effective.

PARTICIPANTS

The forum brought together stakeholders involved in handling Wildlife cases. These agencies

included;

Office of Director of Public Prosecutions,

Judiciary,

Kenya Revenue Authority,

National police service including Directorate of Criminal Investigations,

Kenya Wildlife Services, and

Immigration Department

the British High Commission,

2. OVER VIEW OF THE WORKSHOP

The three day workshop began with a presentation on Decision To Prosecute Two-Stage Test,

Evidential & Public Interest Tests And Use Of The Threshhold Test By ShaminiJayanathan

British High CommissionAgencies then presented on the challenges their encountered during

investigation and prosecutions.

A) CHALLEGES FACING KENYA WILDLIFE SERVICE

INTRODUCTION

KWS often experiences challenges that weaken our cases.

With higher penalties, they need to ensure that there is as little error as possible in our

cases. The following are the major challenges:

1. VAST TERRAIN

KWS jurisdiction is very wide and quick response to crime scenes is sometimes not easy

due to distances.

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Sometimes transporting of suspects from one point to a police station or court may take

more than 24 hours.

2. LACK OF BASIC EQUIPMENT

Basic scene of crime kits are lacking in the field. Sophisticated equipment is required in

order to detect items hidden inside cargo.

Film cameras are difficult to find these days and are quite costly.

There is lack of freezers or liquid nitrogen canisters that are needed to preserve

perishable exhibits.

Lack of enough Global Positioning Systems (GPSs)

3. DYNAMISM OF WILDLIFE CRIME

Wildlife crime offenders keep changing tactics and are highly intelligent. They are also

able to infiltrate agencies for information.

Increasing involvement of public officers in wildlife crimes.

Criminals increasingly employ tactics that destroy transient evidence.

Use of hired vehicles to evade forfeiture. Vehicle owners hired for such crimes are

handsomely paid.

Use of decoy trophies to hind the actual ones.

4. DISABLING LEGISLATION

Some laws such as the Evidence Act do not recognize digital photographs.

Victim impact statements under Criminal Procedure Code (CPC) only recognize human

victims.

The arrested person has a plethora of rights under the Constitution of Kenya while the

complaint has almost none.

5. LACK OF POLITICAL GOODWILL

Political interference in wildlife crime investigations make them difficult to conclude.

Protection of suspects by politicians especially in pastoralist areas crippleKWS

investigations.

6. LIMITED CAPACITY

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KWS is still building its investigative capacity under the powers given in the new Act.

Police Investigators are thin on the ground in Wildlife protection areas.

Their forensic lab does not have an adequate number of technicians and will soon be

overwhelmed.

Ballistics experts at the CID Headquarters are few and concentrate on high profile cases.

7. BLANKET ARRESTS

Arresting team often arrest as many people as possible at a crime scene but do not later

interrogate them to weed out the true suspects and those who can be used as

prosecution witnesses.

Their attitude is usually wacha wajitetee mbele.

It becomes more difficult when we have to withdraw a case when it is already in court

and exposes KWS to suits of malicious prosecution.

8. IGNORING KEY EXHIBITS

Arresting officers rush to recover trophies, firearms and ammunition and ignore other

key exhibits that connect the accused to the crime.

Such exhibits include packaging or concealment of the trophies, personal documents of

accused in motor vehicle, business permits, title deeds, rent receipts etc. Following are

document examples:

9. FAILING TO MAKE INVENTORY OF RECOVERIES

Often, officers do not make an inventory when they recover items especially in a vehicle,

house or business premise.

An inventory assists in demonstrating the legitimacy of the operation and reduces

suspicion of planting of exhibits

10. MISPLACING,MISAPPLYING EXHIBITS

Oftentimes, officers misplace some exhibits especially those they dont think are vital

such as sufurias, knives, sacks etc.

Further there are instances when exhibits are misapplied e.g. using recovered charcoal,

using sufurias etc.

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11. FAILING TO PROOF, READ STATEMENTS

Most times, officers from an operation fail to proof read each others statements. The

common errors which this leads to are:

Conflicting descriptions of exhibits (especially number plates, colours etc).

Conflicting of roles in the operation.

Omission of some issues in some statements

12. OFFICERS ABSENT DURING OPERATING RECORDING WITNESS

STATEMENTS

It is frequently found that an officer who was not in the operation records a statement so

that a NIS officer does not appear in court.

This often becomes obvious during cross-examination and leads to conflicting evidence.

13. PROHIBITING EVIDENCE LAWS

The best evidence rule makes producing vehicles, trophies etc. at very hearing quite

burdensome in terms of cost and manpower.

Best evidence rule also makes it difficult when it comes to perishable exhibits and live

animal exhibits.

High cost of bringing expert witnesses to court (and the defense sometimes never cross

examines them).

B) CHALLENGES FACING ODPP

ODPP was facing several challenges while prosecuting wildlife related crimes and they were

categorized as follows:

i) ODPP RELATED

Wildlife laws not forming part of the legal syllabus. They should be streamlined and

incorporated into the main law.

Inadequate laws. The available laws do not cover all areas of wildlife related crimes.

Low levels of experience among counsels. ODPP is recruiting new counsels to beef up

personnel but most of them have not been to the fields and so do not have the experience.

Limited information sharing with other agencies. Most stakeholder agencies do not

share information freely making it difficult to piece up strong cases.

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ii) KWS RELATED

Poor to no file preparation.

Court phobia. Most witnesses have no prior experience of a court room and are afraid to

testify.

Low literacy levels among rangers. Most rangers have low levels of education and they

cannot capture all required evidence in their statements.

Over reliance on Kenya Police. This has been the case scenario for many years but now

there is improvement because KWS is investigating wildlife related cases.

Lack of structures in the conservation areas

iii) OTHER AGENCIES

Lack of coordination among investigative agencies. Lack of coordination leads to defeat

of justice because all evidence is not brought to the table.

Suspicion and pecking. This is due to lack of mutual trust between the agencies.

Political interference. This is a huge problem where politicians arm twist investigators

through intimidation and harassment forcing them to prematurely terminate

investigations.

Weak leadership. There is need for a lot of assertiveness when it comes to wildlife

crimes since actual perpetrators hide behind emissaries who commit crimes on their

behalf for payment.

Lack of morale. Officers are demoralized and work halfheartedly due to various reasons

like lack of proper facilitation and so forth.

Ignorance of the bigger picture in conservation. The actual meaning for the need of

conservation is lost to many agencies involved and conservation of animals may look like

a trivial matter to them.

Corruption. This is a major cancer eating away at the wheels of justice and causing them

to drag or acquit criminals.

Rogue officers. Some officers involved in fighting wildlife crimes are culpable of the same

crimes.

MITIGATION OF THE CHALLEGES

Develop SOP to streamline functional coordination

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Structuralize information sharing

Agency to agency sensitization

Joint sensitization to other Agencies and the larger citizenry

All agencies fighting Wildlife crime should acquire a collective defensive

mechanisms(CDM) to watch each others backs and work as a team in order to defeat

the criminals.

C) CHALLENGES FACING KENYA REVENUE AUTHORITY (KRA)

The ivory trade is a significant of a web of wildlife crime that is itself part of a global criminal

network dealing in drugs, weapons and people. The link between ivory and violence adds even

more urgency to the need to quash this deadly trade.

1. CHALLENGES AND SUGGESTED SOLUTIONS

i. Performance Contracts:

The Kenya Revenue Authority was formed in July 2005 to help the government of

Kenya in tax collection. KRA promotes compliance with Kenya's tax, trade and

border legislation and regulations according to standards set out in the taxpayers

charter. The employee sign Performance Contract (P.C.) based on targets to be

achieved. P.C lay major emphasize on the targets on collection of Revenue. Hence

staff put their effort in achieving the targets. Investigations may suffer as staffs

interest is achieving the revenue targets and promoting trade. This also affect staff

operations at the border points (Entry & Exits points) who are quick in collecting

revenue and promoting trade hence some procedures such as verifications of goods

and checking of documents is done hurriedly. This weakness is exploited by

unscrupulous traders to sneak in prohibited and restricted goods leaving poor or

unreliable traces for the investigators.

Suggested Solution:

Sensitizations of all the stakeholders of the need to put emphasizes for thorough

checking/verifications all goods imports and exports both to enforce the laws and for

security reasons.

ii. Complex Criminal network:

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The criminal network involved in ensuring the goods are effectively smuggled (in & out of

the county) is done by smart people who understood the systems and the procedures and

duly exploit its weakness. They criminal have strong financial muscles to influence their

operations. They strategically ensure all areas are well taken care of including sometimes

recruiting insiders to assist them. The insiders ensure they seal loopholes and continue

covering the criminals interest hence making the work of investigators difficult. These

sometimes include intimidating or threatening any potential witness, even elimination.

Crucial evidence is concealed or destroyed. Sometimes Witnesses may be transferred or

disappear or refuse to cooperate with investigators. They possess helicopters, technologies,

and automatic weapons, which pose threats to human life as well as wildlife. Illegal wildlife

trade is a national security issue and an economic crime issue. They are organized, more

lucrative, more widespread, and more dangerous and locals are becoming terrified hence

fear to assist in investigations.

Suggested Solution:

Put mechanisms in place to reduce bring down the value of wildlife trophies to reduce the

demand and desire to engage in the trade. Strength all agencies fighting the problem. Improve

security and witness protection.

iii. Complexity in clearance of goods:

The process of clearing imports/export is complex hence exploited by clearing agents who have

studied the system well and detected weaknesses. This also becomes difficult to explore the

system to detect the anomalies exploited by the culprits. Parties not conversant with the system

get frustrated. The perpetrators have exploited two main methods;

Giving false description of goods in Simba System to avoid detection, the containers

are then delivered at the port using road or rail where the process is flawed to evade

the checks and controls at stuffing, scanning and the online release in KWATOS.

They depend on the laxity and collusions or negligence of our officers during stuffing,

scanning and releasing of the consignments both physically and online.

Prohibited and restricted goods are not entered in Simba system but are smuggled in

the port using forged Customs documents which are then used to process the

shipments at KPA. The containers are fraudulently allowed in the port without

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proper entries through negligence and collusions by KRA officers at the gates. The

collusion is extended to KPA staff to bypass checks at various documentations stages

until the container is loaded in the ship.

iv. Weakness Exploited By The Illegal Exporters Of Ivory

Failure or negligence by CSD stuffing officer to properly witness loading before

sealing the container and input stuffing message in Simba System.

Lack of procedural requirements to scan or verify transit goods on export when

entering Kenya through the border points.

The failure by CSD staff at the entry gates to Port to verify the entry and container

details. In almost all the cases CSD staff at the gates have failed to confirm entry and

container details online as required. Only cleared consignments are supposed to enter

the port as provided by CSD Mombasa work Instructions Ref KRA/CSD/SR-

EXPORTS/O1 of 1st October 2011 which provide that for the container to be allowed

to enter the port it must meet the following requirements:-

The corresponding entry must have online release

The corresponding entry must have an online report by the officer who supervised

stuffing.

The officer at the KPA entry gates 18 and 9 must confirm the container number and

seal number against the stuffing officers account and shall then capture the same in

an online report before handing over the same details to KPA clerk who capture

same.

These procedures are intricate and time consuming. Failure on one stage may weaken

the whole process. Investigators have to unearth each stage of the process to detect

the loophole which was exploited.

Suggested Solution:

Strengthen the process to seal loopholes. Simplify the process. Put in proper control measures.

Coordination of agencies and police is critical.

v. Lack of Integrity:

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Accountability and integrity are some of the most important values individuals can exercise in

the workplace. Accountability is being responsible or answerable for an action. Integrity

describes an individual who makes the choice to commit to honesty when she/he is faced with

choosing between right and wrong. However, in every organization they are few elements

whose integrity is questionable. They pose a great danger both to the organization and the

nation. They collude with criminals to commit crimes. They make investigations tracks difficult.

They even pose danger to the investigators.The effectiveness of any process is determined by

integrity of persons implementing the process. Corruption sometimes affects negatively the

process of prosecution of wildlife crimes cases.

Suggested Solution:

Sensitize all stake holders on integrity. Ensure persons manning sensitive areas are people of

high integrity. Vetting of staff. Strict action against any person found flouting the rules and

regulations. Have proper disciplinary mechanism.

vi. Weakness in verification of goods:

Verification of goods is very critical in collection of revenue, promoting trade, and enforcing

rules and regulations. However, the process is marred by various challenges including inter alia

lack of scanners at the border points, poor infrastructures (verification sheds), shortages of

personnel, weak procedures/rules and regulations, and weak control measures. Available

scanner at the Port breaks down, and the process may be manipulated.

Suggested Solution:

Deploy proper equipment and infrastructures. Deploy enough staff. Strengthen procedures.

vii. Inadequate enabling laws:

The enabling Authority is East African Community Management Act, Part B-Restricted Goods

which are classified among many other goods hence wildlife trophies are not given any

prominence or weight. In addition, whereas the Wildlife Conservation and Management Act has

been enhanced, other laws touching on wildlife crimes were not changed.

Suggested solution

The law be strengthened. There should be specific sections touching of wildlife items and

spelling out procedures, fines and penalties under the Revenues Laws.

viii. Poor inter-agency relationship:

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At the border point KRA processes involve engaging other agencies. However, in most cases

there is mistrust among agencies due to failure to appreciate the mandate of each agency and

lack of enforcing public interest. Investigators get difficulties where they have to transact with

another agency who may not appreciate the need for corporation. Sharing of information and

intelligence is very crucial in fighting any crime. However, this is very minimal due to mistrust

and vested interest.

Suggested solution

Sensitize agencies on the need to coordinate. Have access to intelligence and integrate

enforcement strategies

ix. Lack of proper training:

The investigators sometimes have to rely on other agencies in collection of evidence. However,

sometimes agencies are not well versed with the issues at hand. For example seized ivory later

turns out to be Ankole horns due to lack of specialized training in identify wildlife trophies

Suggested solution:

Investigations and prosecutors be adequately trained on wildlife matters for efficient

investigations and handling of wildlife crimes cases

x. Wildlife trophies seized abroad

In cases where wildlife trophies (ivory) has been seized abroad , investigations becomes very

difficult because sometimes the only available information is the found in the media, cost and

bureaucratic issues involved to return the exhibits, not to mention issue of law existing in

different countries.

xi. Poor inter-agency relationship:

Mistrust governs the process. The investigating officer (I.O.), who may be from another agency

sometimes failure to appreciate the prosecution guidance on the case. Sometimes the prosecutor

does not have jurisdiction to deal with the I.O.

xii. Lack of proper training:

This affects performance of both the prosecutor and the I.O.

xiii. Complexity of Customs Department Process

The complexity of Customs process sometimes hinders the prosecution as both the prosecutor

and I.O. may not be adequately equipped with knowledge of the procedures.

xiv. Complex criminal network

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Prosecution may be hindered by the network of the criminals whose influence is very extensive.

xv. Storage of exhibits

Due to the high value of wildlife crimes exhibits e.g. ivory, storage becomes a major challenge

and affects prosecution who has to produce the exhibits whenever required. The cost also of

moving the exhibit is prohibitive.

xvi. Criminal Justice process in Kenya

The criminal justice is not friendly to prosecution. The adjournments, the constitutional

applications, the requirements of the prosecution to prove the case beyond reasonable doubts

sometimes frustrate witnesses who may give up or disappear.

D) CHALLENGES FACED BY IMMIGRATION

Wildlife crimes are an emerging transnational crime involving foreign nationals. Foreigners

from Asian countries enter the country posing as investors but their intention is usually to do

illegitimate business. The immigration department assists in investigation and prosecution of

wildlife offences through:-

i) Watch listing of suspects

This is doneparticularly on the PICSES system at entry/exit points to assist the

apprehension and hand them over to relevant Agencies for prosecution.

ii) Deportation

Initiative of Denotation of foreign nationals involved in or suspected to be involved in

wildlife crimes. This is done through Inter-agency sharing intelligence.

Major Challenges facing the Immigration

Porous borders which allow illegal entry of Immigration through ungazetted entry areas.

The issue of integrity where unpatriotic officers aid or abet foreign nationals engaging in

transnational crimes including wildlife to enter and reside in the country.

Lack of effective inter-agency co-operation where intelligence sharing is not structured

especially information involving foreign nationals

Where a foreign national is convicted of a serious crime that includes wildlife crime, the

judicially should invoke their powers to recommend to the cabinet secretary for their

deportation under Section 26 A of the Penal Code to enable the convicted foreign national

to be deported by the department to his/her country of origin.

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E) CHALLENGES FACED BY THE JUDICIARY

a) Evidence Presentation

Investigations done in wildlife crime cases normally leave out key evidence. Any circumstantial

evidence needs to be waterproof. The quality of the outcome of a case depends on the collection

of evidence and investigations and so where cases are not well investigation, a good case cannot

be built.

b) Presentation of Exhibits

Due to lengthy investigations, exhibits like ivory change colour with time and a suspect can

disassociate himself with it. Again here, exhibits cannot be released early before a case is

satisfactorily concluded. It is necessary therefore to have cases fast tracked. Some of the exhibit

trophies disappear mysteriously erasing evidence of the case. If vehicles were hired for the crime,

no evidence of payment or documentary proof is available.

c) Delays in the prosecution process

Delays in presenting expert and other witnesses to testify in court and availing exhibits end up

killing cases because witnesses eventually get tired or in the process are compromised and are

no longer willing to testify.

d) Interlocutory Orders

Another great challenge facing the Judiciary is pressure to end cases at the interlocutory stage.

At times orders are given from higher centers of power to release exhibits or terminate cases

prematurely. An example was given of officers who were found with ivory tasks in a

conservancy.

e) Complementary relationship between the police, KWS officers and the ODPP.

There is lack of coordination between these agencies and there are disconnects in presenting

and identification of exhibits and making arrests. There is a disconnect between KWS and the

Police on bonding of witnesses. A lot of time was wasted in the process frustrating the justice

process. Exhibits are known to disappear before conclusion of cases. An annual audit of

exhibits by both the court and KWS should be done.

Suggested solutions

There should be special courts for wildlife crimes where swift justice can be carried out in good

time in an effort to stamp out the practice in Kenya as well as discourage would be perpetrators.

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There was a concern on what happened to exhibits when an accused person was deported. In

such a case, the prosecutor should apply for a miscellaneous application and affidavit.

F.)CHALLENGES FACING THE POLICE FORCE

The police were facing with a myriad of cases that needed to be investigated and so they classify

the cases in to high profile and low profile. State prosecutors normally get the high profile cases

while the low profile cases are prosecuted in lower cases and acquitted.

I. There is a shortage of personnel and this causes gaps to occur in the event of netting

criminals. An example was given of a police station in Kisumu that is manned by only an

OCS and one junior police officer. This results to poor standards of investigations.

II. The police are also faced with the problem of lack of adequate facilitation. The lack of

enough funds cupped with the vastness and remoteness of nationalparks in the country

becomes a big challenge translating into poor quality output. However, KWS was now

actively involved in handling investigations in wildlife crime cases.

III. Another challenge was thatwitnesses fear victimization and end up being compromised.

IV. Corruption was also a major challenge where perpetrators buy their freedom to defeat

justice.

V. The criminal justice process is very sluggish. Witnesses usually give up because the

cases take too long to start.

VI. Proving poaching cases is very difficult where exhibits may not be present.

Solutions

I. Proper training of police in the area of investigations and also sensitize them on the

Wild life Act

II. The Director of Public Prosecutions, the Attorney General and the Director of Criminal

Investigations should scan the laws again with intent to change outdated areas and

suggest changes that match emerging issues in wildlife crimes.

3. GROUP WORK OUTCOMES

A. GROUP 1

Triggers for referral what issues,

I. Elephant Related

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II. Rhino

III. Suspects are foreign or unknown nationally

IV. Suspects is in company of three or more others and the crime of organized crimes

is likely to arise

V. Suspect (s) is a serving or retired public or state officer including serserving/ex

dsciplined

VI. Wildlife offences involving export or import (or cities)

VII. Where on offence involves firearm or other illegal weapon

VIII. Profiled individuals involved

IX. Offences where POCAMLA is involved

X. Offences involving obstructions of justice.

XI. Repeat or habitual offenders

XII. Individuals believed to be influential or reputable in the society

XIII. Transnational crimes or investigations

XIV. Foreign missions diplomats, multi-nationals, international

XV. Organizations

XVI. Suspects involved in the wildlife crime have committed other penal crimes

XVII. Any other offence or case the agency deems fit.

FOCAL PERSONS

1. ODPP Unit member

2. County office Head

3. Agency prosecutors

4. Agency investigation officers

5. Immigration investigation procedures in the regions

6. DCIO relevant jurisdiction office

B. GROUP 2

a) PROCEDURE

I. Pre-Charge Stage

Where an arrest has been made

The Investigating Officer should:

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(a) Secure the exhibits

(i) The first officer at the scene of crime shall recover and ensure safety of exhibit and

must prepare an inventory and hand over to Investigating Officer who shall ensure

exhibit chain of custody is maintained in the Chain of Custody Form and as per the

Procedure for Management of Wildlife Scenes of Crime

(ii) Investigating Officer shall ensure that the exhibits are properly labeled and kept in

separate bags, kits, envelopes or containers to prevent contamination

(iii) The Investigating Officer shall ensure safe custody and proper recording of the

exhibit in an Exhibit register

(iv) The Investigating Officer shall determine exhibits that require expert examination,

fill in the Exhibit Memo Form and forward them to the appropriate expert

examining body

(v) The Investigating Officer shall collect the exhibit and expert report, and keep them

in safe custody until their production in court

(vi) Where the exhibit does not require expert opinion, the Investigating Officer shall

keep copies in the file and produce the originals in court

(b) Statement from accused person (including charge and cautionary statement where

accused refuses to give a statement).

(c) Decide what charge to prefer

(d) Draft the Charge sheet

II. Plea Stage

The prosecution file submitted at first appearance must contain, as a minimum the following:

PRE- CHARGE PLEA STAGE

Affidavit objecting to bond if there are

reasons for the accused not to be

released on bail

Previous convictions/any record of the accused in

previous proceedings, if any.

Application supported by an affidavit

for under Section 118 of the Evidence

Act to for deferring of plea.

Bail considerations placed on the front of the file with a

summary of evidence/enquiries conducted thus far.

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Key witness statements

Any expert report available at the time.

Documentary exhibits including billing and other

media downloads.

List of witnesses

List of exhibits

Statement of accused (if any)

Any discs (e.g. a CD-ROM) should be labelled with the

operation name and sufficient detail to identify it and

distinguish it from any material previously submitted.

Any photographs should be labelled and submitted in a

separate envelope or file within the file.

BAIL: where bail is opposed but granted, the

prosecutor should have a draft application to appeal

and/or seek review ready for processing.

b) COMMUNICATION BETWEEN AGENCIES

I. Communicating Referrals

Communication of referred cases shall be by email and/or telephone at first instance which shall

be followed up by letters.

REPORTS TO WHOM BY WHOM TIME

FRAME

SANCTIONS

Arrests of wildlife

crimes

ODPP KWS Weekly To be

Determined

Arrests of wildlife

crimes by Police

ODPP/KWS Police Weekly To be

Determined

Arrests of wildlife

crimes by KRA

KWS KRA Weekly To be

Determined

Other

Arrests/Reports of

ODPP/KWS/NPS Private

range/conservanci

As soon as

Possible

N/A

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Incidents es/NGOs or any

Member of the

Public.

Progress on

prosecution of

wildlife crimes

ODPP ODPP Chief

County

Prosecutors/

KWS or any

other Police

Prosecutor.

Monthly Administrative

Action

Quarterly wildlife

crime report

All relevant

Stakeholders

ODPP Quarterly To be

Determined

II. Modalities for Reporting and Monitoring

a) Reports shall be sent via Email and a shared e-mail address to which all e-mails shall

be send to, shall be set up by ODPP and KWS.

b) Regular meetings to evaluate the implementation of the SOP shall be held on a

quarterly basis, in which all stakeholders should attend.

c) The ODPP and KWS shall conduct or commission surveys on investigation and

prosecution of Wildlife Crimes at least once a year.

III. Data Capturing Format

(a) Arrests/Complaint Reports

DATE OF

ARREST

OB

NO.

POLICE

STATION

CR

NO.

NAME OF

ACCUSED

ALLEGATION/COMPLAINT REMARKS

(b) Prosecution Progress Reports

DATE COURT COURT

FILE NO.

NAME OF

ACCUSED

EXHIBITS CHARGE(S) OUTCOME

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b. MINIMUM REQUIREMENTS OF STATEMENTS

(i) The contact details of the witness

(ii) The factual detail namely:

- The exact time, date, day and place of alleged offence, and,

- The identification of the alleged offender.

(ii) The offence detail namely:

- Sufficient evidence to prove the alleged offence commonly known as points to

prove.

C. GROUP 3

i) Bail considerations and response

a) Nature and charge of the offence

b) Nationality and community ties of the suspect

c) Lack of a fixed abode and income

d) Strength of the case

e) Previous records contact the prisons department and CID criminal record section

f) Pending cases

g) Previous records of absconding bail terms

h) Interference of witnesses

i) Likely sentence and flight risk

j) Quantity and value of the seized substance

k) Security of accused person

l) Likelihood to commit an offence

m) Incomplete investigations

n) Illegal immigrants-status of records from immigration

Outcome of the case will be put down in an affidavit. If bond is not being opposed several

terms to be considered by the court.

ii) Pre trail conference with court

a) Mention date to fix the dates after plea

b) Supply witness statements and documentary evidence to the defense and the court.

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c) Opportunity for expert reports admission on agreement- whether to call the expert or

not.

d) Agree on witness availability

e) Agree on convenient dates and if any change of date, prior communication to

f) Agree on the time to be taken for each witness

g) Issue of legal representation to the accused

h) Change of advocates prior communication with sufficient notice to all parties

iii) Exhibit handling and forfeiture

a) Proper chain of custody from recovery to the production in court

b) Preservation of perishable exhibits where possible

c) Priority hearing and production of perishable exhibits

d) Where it is not practicable photographs to be taken after production

e) Priority hearing and production of exhibits before release to respective owners however,

owners undertake to always avail the exhibit during the hearing dates.

iv) Forfeiture

a) Trophy, motor vehicle , appliances, livestock, equipment or any other means used in the

commission of the offence to be forfeited to the state at the end of the trial.

b) Forfeiture to a specific agency

c) Unclaimed asset where the suspect flees from the vessel in committing the offence. The

agency with the asset to give notice and get orders.

v) Repatriation & informing agencies of court orders regarding convictions-

immigration, police

a) Need to inform the agencies like immigration that a foreign national has been convicted

and an order is on the file for their repatriation.

b) Need to inform the agency on items forfeited to it

c) Administrative Procedure to be in place for collection of forfeited items-executive officer

and deputy registrar

d) Courts to be informed of the final result of the forfeited items collected by agencies.

e) Courts to be informed of the final result of the repatriation order.

f) Asset Recovery Agency involvement

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4. WAY FORWARD 1. Need for all stakeholders to understand that wildlife cases are Serious The NPS, KWS,

ODPP and the Judiciary. ODPP to write to the IG on classification of wildlife crimes as

penal and not petty within 14 days.

2. Appointment of focal point for complaints mechanisms and regular consultative

meetings

3. Letter from ODPP to disseminate SOPs to the respective agencies.

4. Facilitation of a high level engagement meeting between agency heads for adoption of

SOPs and buy in.

5. Reporting mechanisms to be put in place

Firearms- Data all disciplined forces to share information to on the firearms used.

All reference points are usually through the police station

If case is being investigated KWS such officers know how to handle such issues.

Information to be shared to the Chief Force Armorer and the ballistic

If the firearm is unregistered the ballistic expert can established whether the spent

cartridges were used by a certain firearm.

6. SOPs to be disturbed to all agencies at the county level

7. Sensitization of the new laws to the Judiciary coming from the background of forfeiture

8. Gazettement of Scene of Crime officers and government analysts -names to be sent from

KWs to ODPP.

9. Training /Refresher courses of scene of crime officers by the CID at their training school

10. Sensitization of KWS officer(Rangers) on court proceedings by the Judiciary and the

ODPP

11. Sensitization atCourt User Committee (CUC) stage on the SOPs.

12. Training capacity Building of KRA, KAA on identifying wild life products such as the

ivory and the rhino horns.

13. Supervision of scanners of goods at the ports and increase personnel at the loading zone.

14. Procure more scanners at all border points. The relevant agency to consider the same by

use of development partners to enable them have these equipment.

15. Capacity building of magistrates, rangers, prosecutors at the county level.

16. Role of ODPP in highlighting issues in alternative forums e.g training of rangers where

ODPP should have a presentation in the training programme.

17. Have initial meetings between prosecutors and KWS investigators (This is to be done

before the meetings of other agencies)

18. Judiciary Register on wildlife crimes at the court stations to enhance monitoring

19. Role of ODPP in highlighting issue of poaching and wildlife related crimes in relation to

other offences such as terrorisms, human trafficking etc.

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20. Wildlife curriculum to be included on the syllabuses of new prosecutors, judicial

officers and police as well as included in the programmes of key partners training

programmes.

THE END..