The Respondents were jointly charged before the Resident
Magistrates’ Court with the criminal offence contrary to sections 180(c) and
193(l)(a) of the Environmental Management Act, No. 20 of 2004 (the EMA). They
were charged and convicted to pay a fine and two years’ imprisonment. In
addition, the Court ordered forfeiture of their livestock to the Government.
Aggrieved, they preferred an appeal to the High Court challenging their
convictions, sentences and the order of forfeiture. The High Court reversed the
trial court decision and ordered the forfeited livestock be returned to the
Respondents. The Appellant was aggrieved, hence, the present appeal.