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Annotated Bibliography On Kenya Trafficking Legislation

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Kenya Trafficking Legislation
1. Introduction and CITES: Convention in International Trade in Endangered Species
In 1975, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) came into force. Today, there are 179 countries who are “member parties” to the Convention. Each “member party” has some form of domestic legislation that implements CITES, thereby enumerating what is considered illegal trafficking in wildlife in that country and indicating what prosecutorial powers and judicial processes exist domestically for holding these criminals accountable. CITES has established a global framework to regulate and control international trade in endangered species of wild animals and plants listed in its …show more content…

It came into force on January 10, 2014 and is largely aimed at improving the protection, conservation and sustainable use and management of the country’s wildlife resources. The 2013 Act contains dramatic increases in both custodial and financial penalties for wildlife-related crimes (largely in reaction to the criticism that the 1976 Act’s penalties did not act as a sufficient deterrent to poachers and traffickers).
• The 1976 Act
The 1976 Act was Kenya’s primary legislation related to wildlife trafficking and conservation until the new law came into force. It was updated at various points but the key elements remained the same since implementation.
In regards to trafficking, it criminalized the hunting of protected animals and the unlicensed hunting of game. It established the Kenya Wildlife Service (“KWS”) as the primary governmental agency in charge of enforcing the 1976 Act. Under this law, the KWS has investigative and prosecutorial powers.
In relation to CITES, the 1976 Act implemented some of the requirements, but not all. And, in fact, Kenya came under very public pressure at the CITES Conference of the Parties in March 2013 for its failure to have implemented domestic legislation that was fully in compliance with CITES. This, along with increased poaching and paltry

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