All three appellants have appealed against their convictions. There is no appeal against the sentences, because of the mandatory provisions of the legislation in casu. The representative of the Crown conceded Accused No. 5's appeal, due to the unsatisfactory nature of the evidence against him, specifically. Since Accused No.
On 6 of November 2005, Kenya Wildlife Service Rangers found 2 men, the current appellants, slaughtering a buffalo within the Ragati forest. Arresting them, they recovered a spear, 2 pangas, a snare and 2 bags. The appellants were charged with the aforesaid offences.
Accused persons were found guilty of unlawful possession of 2 horns in contravention of the Game Act. The Act prescribes that a person found guilty of the offence must either replace the game or compensate the full value of the property to the owner or government in cases where the owner cannot be established.