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Kenya Declares Death Penalty for Poachers

Kenya Declares Death Penalty for Poachers

Tuesday, April 30, 2019 IST

Poachers have been a huge problem for African nations, and Kenya is one of them. They can dwindling numbers of wildlife and push some species closer and closer to the brink of extinction.

In huge news for animal rights activists, it was reported that Kenya has revealed a law that imposes the death penalty on poachers. The news broke to controversy; some condemn the idea while others welcome it with open arms.

But is there any truth to this news? Will it help, if it is true? What is the state of poaching in Kenya? What threats are being faced? Here’s everything you need to know about the death penalty law for poachers in Kenya.

KENYA REVEALS LAW THAT IMPOSES DEATH PENALTY FOR POACHERS

HOW POACHING THREATENS KENYA

Poaching has been a serious problem in Kenya for decades, dating back to colonial times. It has since led to gradually decreasing animal populations as well as numerous other issues.

For those relying on positive thinking to hope the poaching problem resolves itself, unfortunately, this issue runs much deeper and no longer only affects wildlife. Take a look at a few of the ways that poaching is a threat to Kenya.

ANIMALS

The current elephant population in Kenya sits at just 34,000, while black rhinos pitifully sit at less than 1,000 – a terrifyingly low number. Though the population has continued in its attempts to grow, poaching numbers have curbed progress. For example, the 69 elephants and 9 rhinos poached in 2017 canceled out any population increase.

There is some positive news, though. Elephant poaching has decreased by 78% since 2012 and 2013, and rhino poaching has also gone down by an impressive 85%. Unfortunately, if this trend does not continue, the animals in question will still be in danger of extinction.

Animal numbers are dwindling throughout Africa – not just in the nation of Kenya. In 2016, all elephants in Africa were totaled at around 352,271. Although it seems like a still-large number, seven years before that, there were many more. This figure is actually a 30% decrease.

ECONOMY AND TOURISM

Kenya’s economy is partially dependant on its tourism industry – as with every other country in the world. The repeated killing of elephants for the sake of the illegal ivory trade has escalated throughout the years, with eleven elephants slaughtered at once in the Tsavo National Park earlier this year.

With the numbers of elephants diminishing by tens of thousands, and even more animals dying out in large numbers, it’s no surprise that there is less appeal for travelers to visit the country. If elephants go extinct in the nation, a huge portion of Kenya’s wildlife-based tourism stands to suffer. The market is worth a shocking US$ five billion.

DANGERS OF WEAPONRY

Highly skilled wildlife protection units have been put in danger by poachers. These people bravely risk their lives to protect elephants and other wildlife. There is also the risk of the heavy arms that poachers use – such as guns, grenades, and other items – falling into the wrong hands and threatening national security.

THE DEATH PENALTY FOR POACHERS – FACT OR FICTION?

The news regarding this death penalty for poachers in Kenya began with a few websites that quickly caught wind among passionate animal rights activists – and with good reason! Unfortunately, though, this news doesn’t seem to be true. How did this confusion start?

All articles regarding this issue quote Najib Balala, who is Kenya’s Tourism Minister, and a speech he supposedly gave at Ol Pejeta Conservancy, Laikipia County, Mount Kenya, during the official opening and launch event for commemorative stamps of the northern white rhino. This took place on the 10th of May in 2018.

There’s just one problem with this; Balala did not attend the event at all. Instead, his representative, Patrick Omondi, Kenya Wildlife Service biodiversity director, spoke on his behalf. He stated that he did not bring up anything regarding a death penalty, nor was there any mention of it during the event. He calls the spread of this news misinformation.

The news spread even further when respected publication The Independent picked up on it, but had not received any confirmation regarding the implementation of such a law from any Kenyan authorities. As of the time of writing, they still have not received confirmation.

Omondi states that there are absolutely no plans to introduce the death penalty in Kenya for any poachers, especially since Kenya has effectively stopped practicing the death penalty in all areas except written legislation.

However, Omondi does hope to tighten laws surrounding wildlife crimes, and he hopes that those who kill wildlife or are caught trafficking ivory can eventually be sentenced to life in prison.

THE OTHER SIDE OF THE ARGUMENT

The news of a possible death penalty for poachers in Kenya was met by plenty of controversies. A bit of a stir awoke, as a result, causing many to chime in with their opinions and speak out about why they believe the death penalty is not suitable for this crime. Here are some of the counter-arguments.

CURRENT SHOOT TO KILL POLICY

In 1989, a legal policy was put in place to combat poaching. This law states that poachers are subjected to a shoot to kill policy. This means that if any authority with the right to enforce this law sees a poacher, they can shoot to kill that poacher on sight.

Unfortunately, this law hasn’t proven effective. This indicates that poachers are happily willing to put their lives on the line for their sport, so the death penalty may not serve to put an end to their activities.

HUMAN RIGHTS

Many people believe that the death penalty is dehumanizing. In the opinions of proponents for more humane criminal punishment, a death penalty undermines the dignity of a human being.

Some go as far as to say that the death penalty sets human rights progress back, as it insists upon a civilian ending the life of another. It takes someone else’s lives into the government’s hands.

There is also the issue of incorrect punishment, where an innocent person can be put to death if wrongly convicted. With the death penalty, there is no way to turn back time and right the wrong.

Past history also shows that the death penalty is often very randomly applied. As an example, less than 1% of people who commit homicides in America receive the death penalty. This means it is not a law that is enforced in a very effective or positive way.

KENYA’S LAWS

The death penalty remains a part of the laws of Kenya, but it has not been put to work in almost three decades. This is largely due to a shift in political and social ideals within the country on all levels.

In addition, multiple times, the court of appeal in Kenya has changed mandatory death sentences to life imprisonment sentences. Why? Because they rule that a death penalty is completely unconstitutional.

As such, it seems difficult to implement a death penalty for animal poachers when even those who commit homicide of people do not receive this extreme penalty.

CURRENT LAWS

The Wildlife Conservation and Management Act of 2013 boosted all wildlife-related crime penalties. A mere five years is, unfortunately, simply not enough time to properly collect data that definitively states whether it has been effective or not.

Those who do not support this death penalty believe that the Kenyan government should instead focus on ways to improve this existing law. Some express the need to reserve judgment until we know whether the Wildlife Conservation and Management Act has any merit.

HISTORY REPEATS ITSELF

You might have heard of some rather ineffectual anti-poaching laws in Kenya, including the shoot to kill policy. The same issues that arose from attempting to enforce those laws may arise again with a death penalty law, some say.

These issues include poor enforcement and lack of resources. Additionally, some wildlife rangers have been assigned to security positions; even corruption will likely prevent the effective enforcement of any strict poaching rules.

POSSIBLE WAYS FORWARD

Given the fact that Kenya is not actually implementing a death penalty, and given the huge controversy surrounding that idea to begin with, it’s likely that the government of the country may be considering other avenues. If you’re looking out for what to expect next, here are some likely ways forward.

RESOURCES

The implementation of laws in Kenya will likely require more resources allocated to government agencies responsible for enforcing those laws. The laws likely cannot be enforced without sufficient resources, so we may see the nation’s government working towards increasing financial support for its Wildlife Service.

ECONOMIC EMPOWERMENT

One of the biggest and only plus sides of poaching is that it provides smaller communities with income that allows them to put more money into animal conservation. It’s confusing, complex cycle, but essentially, halting poaching altogether could harm small communities relying on the tourism from poachers.

As such, tourism on its own, without the poaching, will likely need to increase to a point where individuals from these communities can sustain themselves without the need for relying on unethical tourist activities.

INTERNATIONAL COLLABORATION

In the past, Kenya’s government agencies have collaborated with relevant ones all around the world to help quell wildlife crime. One such collaboration resulted in the capture of Feizal Ali Mohammed, an infamous trafficker suspected of heading a poaching ring and selling ivory all over the world.

For the curious, this collaboration happened between the International Criminal Police Organisation and Kenya Wildlife Service. Perhaps repeated these types of united efforts will help more than a death penalty for poachers.

FINAL THOUGHTS ON KENYAN LAW THAT IMPOSES DEATH PENALTY FOR POACHERS

It goes without saying that there are many complex layers to the poaching issues plaguing Kenya and other African nations. Many different pieces need to be considered in this complicated chess game before new laws can evolve. For now, though, the death penalty has not been imposed for poachers.

For animal welfare and the country itself, we hope better solutions develop to curb the cruel poaching industry. After all, we need to save the wildlife that we have left. On the bright side, the Kenyan government takes wildlife preservation very seriously, and new laws continue to be introduced – so we can maintain our positive thinking.

Source : https://www.powerofpositivity.com/kenya-death-penalty-poachers/