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.
The accused Mwajuma was charged of an offence of been in unlawful possession of the Government Trophy which is contrary to section 86 (1) of the Wildlife Conservation Act No. 5 of 2009 read together with Paragraph 14 (d) of the First Schedule to the Economic and Organized Crime Control Act Cap 200 of R.E 2002.
Accused Juma Grayson, Geofrey Semkoko and Salim Kigoda were arrested and charged for being found in unlawful possession of Government trophies contrary to the provision of the law. They were all charged at the Pangani District Court for the same offence.
The appellants were found at Serengeti National Park without any written authorization. They were also armed with bows and arrows, knives, bush knives and trapping wires. It was also alleged by the prosecution that they were found in possession of government trophies.
On 20th day of September, 2009 the accused person was found in unlawful possession of the killed animal known as Pongo (Bushbull) worth Tshs 800,000. Beside that, the accused person was found in unlawful possession of one Mizzle known as Gobore.
The appellant was sentenced by the Resident Magistrate of Shinyanga as follows; 1st Count: Entering into a game reserve. He was sentenced to custodial sentence of one year in jail. 2nd Count: Unlawful hunting in a game reserve. He was sentenced to pay a fine of Tsh. 200,000/= or one year in jail in default.
The appellant was found in a game reserve to be in possession of fire arm and meat of the animals named in the species sub section below without a valid permit. During trial he denied the facts as presented by the prosecution.
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: