An Assessment Of The Role Of Prosecution Authorities In Combating Poaching And Wildlife Trafficking In Kenya

Abstract

This study assesses of the role of robust prosecution as a tool for addressing poaching and wildlife trafficking in Kenya. This study argues that prosecution in Kenya inadequately contributes to addressing the problem of poaching and wildlife trafficking in the country. Based on deterrence theory, it is viewed that effective prosecution, as an indicative factor of effective implementation of criminal law, should have a deterrent effect on would-be offenders. However, this study suggests that prosecution of crimes related to poaching and wildlife trafficking fails to deter offenders. This is on the premise that for the prosecution of crimes relating to poaching and wildlife trafficking in Kenya to be considered successful; it must deter prospective offenders or repeat offenders from participating in such activities. When the successful prosecutions deter offenders, the number of occurrences of poaching and wildlife trafficking should reduce. However, if the prosecution does not deter offenders, then it follows that the problem of poaching and wildlife trafficking would persist. The first chapter introduces the study and gives a background to the issues. The second chapter is a literature review on the legal and institutional framework for prosecution of poaching and wildlife trafficking. The third chapter discusses the international and national legal framework governing wildlife crime in Kenya. The fourth chapter presents and analyses the results of the fieldwork. Lastly, the fifth chapter presents the conclusions and recommendations.