The case originated from Mpanda District court were the three appellants were jointly charged for the offence of unlawful possession of government trophies c/s 86(1)(2)(b)(ii) of the Wildlife Conservation Act, No.5 of 2009 read together with 14(d)of the first schedule to and section 57(1) and 60(2) of the Economic and Organized Crime Control Act
On 16 July, 2004 respondents were charged with offence of unlawfully possession of government trophies and made application for bail at Mpanda District Court and granted bail to them under the terms that they should deposit cash bond of Tsh. 6,000,000/=. The High Court allowed the appeal and quashed the decision of the trial court.
The appellant was found in possession of 71 pieces of elephant tusks and stood trial before the district court of Shinyanga as presided over by a Resident Magistrate. The appellant appealed to the High Court but the appeal was dismissed.
After the defendant pleaded guilty, on 21 March 2008, to two counts of importing and selling raw ivory and two counts of smuggling goods into the United States, she objected to the pre-sentence investigation report (PSR).
The District Court held that: