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.
On 25th August, 2013 at about 01:00hrs at Mheza-Maore Village within Same District – Kilimanjaro region, the appellant was arrested for being in unlawful possession of the government trophy which is one “cheeter” skin worth Tshs. 7,942,900, the property of the government of the United Republic of Tanzania and without permit or license.
On 13th December, 2012 at Kishisha Village, Siha District at Kilimanjaro region, the accused was arrested by the Kinapa Park rangers on allegations of possessing government trophy which was hyrax. This was contrary to the Wildlife Conservation Act, No. 05 of 2009. He was charged for the first time at Hai District Court on 24th January, 2013.
On 25th day of 2013, accused was found in possession of the Government trophy and was charged for being in possession of the Government trophies contrary to section 86 (1) and (2) (b) of the Wildlife Conservation Act, No. 5 of 2009 read together with section 14(d) of the Economic and Organized Crime Control Act [Cap 200 R.E 2002].
The Republic versus Kamran Ahmed, Hawa Hassan Mang’unyuka, Martin Mathew Kimath and Michael Odisha Mrutu - No. 04 of 2011
The accused persons were charged jointly and severally for contravening various provisions of the laws governing and regulating possession and disposition of the Government trophies. The main charge around this case was unlawful exportation of wild animals with total value of Tshs. 170,575,500.
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.
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: