The Environmental Case Law Index is a collection of judgments from 10 African countries on topics relating to environmental law, both substantive and procedural. The collection focuses on cases where an environmental interest interacts with governmental or private interests.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-area expert postgraduate students from the University of Cape Town.
Read also JIFA's Environmental Country Reports for SADC
Martipei Parmaya v Republic [2017] eKLR (Criminal Appeal 126 of 2017); (11 December 2017); 
Offences in relation to indigenous species Criminal offences in environmental law Environmental law Animal welfare and rights Flora and fauna Environmental law Wildlife (fauna) Flora and fauna Environmental law EL IndexThe matter was an appeal from a conviction on the charge of being found in possession of wildlife trophies in contravention of s95 and 92 of the Wildlife Conservation and Management Act of 2013 (“Act”).
The appellant argued that the trial court overlooked the inconsistencies and contradictions in evidence and applied the doctrine constructive possession of the wildlife trophies erroneously.
The court established that evidence must be led to prove the fact of possession and the contradiction in witnesses’ testimonies put the question of possession in doubt. Court also found that the doctrine of recent possession was erroneously applied.
The court considered s92 and established that it does not create an offence in so far as offences in respect of endangered species or their trophies are concerned but only a punishment and as such the suspect could not be tried under it. Further, that the proper provision that created an offence in respect to wildlife trophies and trophies generally was s95 and that suspects should be charged under the same until the Act is amended.
The conviction was quashed and the appeal was allowed on account of failure of the prosecution to prove the case to the required standard.
Gongqose and Others v Minister of Agriculture, Forestry and Others, Gongqose and S EL Index Offences in relation to indigenous species Criminal offences in environmental law Environmental law African customary law and rights of indigenous peoples Human and environmental rights Environmental law Use of coastal and marine areas Water and coasts Environmental law Protected areas (general) Environmental decision-making Environmental law
Donnex &Others v R (75 of 2008) (75 of 2008) [2008] MWHC 210 (13 July 2008); EL Index Offences in relation to indigenous species Criminal offences in environmental law Environmental law Administrative Action Administrative Law Plants, forests and forestry (flora) Flora and fauna Environmental law |
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