Imperceptible depths: Assesment of the constrints affecting wildlife crime proceedings in the judiciary as a result of subpar cooperation of the arms of government

Abstract

Kenya ranks among the world’s top wildlife destinations and wildlife is a source of national pride, the foundation for the tourism industry that contributes around 10% of National Gross development project (GDP) and 11% of total formal workforce. This major source of revenue as well as national pride and prestige has been under threat with the high rates in which our wildlife population is being put out. There have been institutional efforts that have been made such as the amendment to outdated legislation, that is the Wildlife Conservation and Management Act (2013) to the erection of the wildlife crimes unit in the independent Office of the Director of Public Prosecution. These changes have improved the fight against wildlife crimes with an increase in convictions. Further analysis of the matter shows that poor case management in the judiciary incapacitates this fight however, might there be more that meets the eye? The arms of the government essentially cooperate together to achieve the goals and objectives of governance. For an objective to be fulfilled, each arm is required to carry out its mandate to it full capacity. This paper seeks to analyse the mandate of the judiciary and investigate whether it has fulfilled its objectives in the fight against wildlife crimes particularly. The avenue of a case study is adopted to scrutinize this. It further goes to assess the mandate of the Legislature and the Kenya Wildlife Service (KWS) which is the relevant Executive body. These are compared and contrasted with the case study to affirm or refute the hypotheses highlighted within.