KENYA: Dr. Paula Kahumbu, Kenya’s ‘Mama Ndovu’ Takes Stock Of Anti Poaching

Since 2013, according to the latest estimates, elephant deaths from poaching in Kenya are down by 80% and deaths of rhinos by 90%. This is a success story that deserves to be more widely known.

Kenya was traditionally in the forefront of wildlife conservation in Africa. However, in 2008 the sale of ivory from four southern African countries to China and Japan triggered an explosive demand and poaching erupted across the continent.

By 2012, the situation was almost out of control in Kenya due to corruption, ignorance, poor laws, and an inadequate anti-poaching response. Government agencies such as the Kenya Wildlife Service (KWS) were in denial.

I was among the many conservationists who felt angry and frustrated at the government’s refusal to respond to our concerns. One of our colleagues was arrested and others went into hiding for fear of being deported for exposing how serious the poaching crisis was.

The turning point came in February 2013 when the government finally agreed to call a special session of the National Economic and Social Council (NESC) to discuss wildlife conservation. This landmark meeting was attended by many dozens of representatives of ministries, law enforcement agencies, the private sector, academia and civil society.

It was a tough-talking meeting. We challenged the government’s complacent view of the situation and questioned the capacity and commitment of KWS and border agencies to control poaching and trafficking.

Leading Kenyan conservationists, including Iain Douglas-Hamilton, Agatha Juma and Jake Grieves Cook, warned that thousands of elephants were being killed each year and of the threat this posed to tourism and the economy

Representatives of the Ministry of Environment and Wildlife and KWS denied the situation was a crisis; however, they did ask the government for support to tackle the growing poaching problem.

Richard Leakey and I spoke for WildlifeDirect and we presented a 14 point plan of action that had been developed with barrister Shamini Jayanathan. After intensive discussions the NESC adopted most of our recommendations and instructed authorities to urgently adopt a ‘whole government’ response to the crisis.

The NESC meeting was the first major effort of the Hands Off Our Elephants campaign, which was officially launched five months later. Our aims were simple: to bring all sectors of society on board in order to defeat the poachers and traffickers, safeguard elephant populations, and turn Kenya into model for successful wildlife conservation.

Our initiative was coolly received in some quarters. Government officials accused us of being unpatriotic by damaging Kenya’s reputation abroad. Some fellow conservationists said we were being too ambitious.

We knew it would be difficult but we were confident that our aims were achievable, for three reasons:

Kenya has a vibrant civil society and a free press, so we would have the means to get our message across.
We had support in high places. The new President Uhuru Kenyatta, who took up office in April 2013, was known to be sympathetic to wildlife conservation. His wife, Margaret Kenyatta joined the campaign from the outset as its patron.
Kenya had done it before, in the 1990s, when KWS routed the poachers under the leadership of Richard Leakey, and President Arap Moi transformed global attitudes towards ivory by burning Kenya’s ivory stockpile.

Seven strategies for success

Looking back at what Hands Off Our Elephants has achieved so far, in an informal ‘mid-term evaluation’, I can identify seven things that have worked:

1. An evidence based approach. In making our case, we knew it would be not enough to rely on hearsay. We presented the results of 5 years of courtroom monitoring to prove that those arrested for wildlife crimes were being let off scot free or at most with derisory fines. We demanded – and got – an audit of Kenya’s ivory stockpile, overseen by independent observers.

2. Mobilizing public support. We took our campaign into government offices and corporate board rooms, onto the streets and into schools and universities, and into the villages in areas that have elephants. We spoke to young people in language they would understand, with the support of pop stars, comic book authors, and sports personalities. In alliance with private sector, we took the message into supermarkets and onto airplanes.

This broad-based alliance has succeeded in generating a level of popular support for wildlife conservation never before witnessed in Kenya, or any other elephant range state.

3. Mainstream media coverage. Our campaign transformed poaching from a wildlife conservation issue to headline news. Conservationists gave extensive TV interviews in prime-time current affairs slots, with the focus squarely on political, juridical and institutional capacity issues.

If you are reading this in Europe or North America, you might like to ask yourself when wildlife conservation was last given this treatment by media in your own country.

4. Political will. We were fortunate in this respect. In his inaugural address President Kenyatta signalled his intentions by referring to poaching as ‘economic sabotage’, and followed this up with a series of key measures to strengthen the law and the judiciary.

The First Lady, Her Excellency Margaret Kenyatta, made it clear that she intended to take an even more proactive role. She agreed to be Patron of Hands Off Our Elephants and has been a central figure in the campaign ever since.

Cabinet Secretary Judi Wakhungu of the Ministry of Environment and Natural Resources has been behind us all the way, as have US and British ambassadors Bob Godec and Christian Turner. The United Nations Environment Programme (UNEP) has convened meetings to create awareness of the problem amongst all Kenya-based diplomats.

5. Boots on the ground. One of President Kenyatta’s first acts was to announce additional funds to finance anti-poaching activities, allowing the recruitment of 577 more rangers. He created a specialised multi-agency anti-poaching unit and brought all law enforcement agencies together to tackle the ivory trafficking problem in a coordinated way.

As a result, poachers are more likely to be caught than ever before. But we knew that this would have no deterrent effect unless getting arrested led to some serious consequences. That’s why the next two success factors were key.

6. Strengthening the law. Wildlife law before 2013 treated poaching as a petty offence. Maximum penalties were derisory compared to the vast profits that were being made by organised wildlife crime. We lobbied with many other NGOs and citizen groups for a new Wildlife Act.

The new act finally came into force in January 2104, making poaching and ivory trafficking a serious crime in Kenya, on a par with gun running and drug trafficking. Penalties for wildlife crime in Kenya are now the harshest in the world, including life imprisonment in some cases.

7. Reforms to the criminal justice system. Our courtroom monitoring program had exposed major challenges in record keeping, evidence collection, and prosecutions. The handling of wildlife trials has been transformed through the creation of a specialised wildlife crime prosecution unit under the office of the Public Prosecutor, combined with new operating procedures and extensive training programmes for legal staff.

Being arrested for poaching or ivory trafficking in Kenya has become a big deal.

Measures of success

Summarising the results of my mid-term evaluation: Kenya has managed to turn around the poaching crisis in a remarkably short time. This is in large part thanks to the support of NGOs – large and small – working with the private sector, government, and the donor community. All Kenyans can be proud of this impressive achievement.

Several poachers have gone to jail for life, and many have been fined hundreds of thousands of US Dollars. Jailing of convicted poachers is up from 4 to 11%. Suspected traffickers have had their assets seized and bank accounts frozen, as the law on proceeds of organized crime can now be applied to wildlife crimes.

Poachers are giving up the trade because of the high likelihood of arrest, and the knowledge that it will lead to prosecution and a jail sentence. This is reflected in the dramatic decline in poaching: the ‘bottom line’ that is the most important indicator of the success of our campaign.

Perhaps most importantly, for the first time in Kenya’s its history, Kenya is prosecuting major ivory traffickers. One of the most notorious suspected traffickers, Feisal Mohamed Ali, was arrested with the support of Interpol following the seizure of huge haul of ivory in Mombasa. He has remained behind bars to face trial since December 2014.

The continuing threat

While Kenya can celebrate success today, we cannot be complacent. Just next door in Tanzania thousands of elephants are being gunned down annually and their population has been reduced by over 60 percent in just 5 years. Meanwhile in South Africa, over a thousand rhinos are murdered for their horns each year.

These killing fields will expand back into Kenya without concerted international efforts to reduce demand for ivory and rhino horn.

In Kenya, several factors threaten the sustainability of our successes. By far the most serious of these is the pervasive corruption that disfigures Kenyan society. It seems that corruption is rarely out of the news these days: it threatens the democracy that is bedrock of all our achievements so far.

The power of corrupt money is undoubtedly the reason why, in contrast to the harsh sentences imposed on poachers – the small fry – and despite the arrest of Feisal Mohamed Ali, no trafficker has yet been convicted and sent to jail under the new law.

The way forward

So what comes next? Hands Off Our Elephants will continue to expand its operations in Kenya while coordinating with partners across Africa to replicate our efforts in neighbouring countries. The campaign will focus on key new demands, including:

Corruption should be included among the named charges for wildlife offenders and in cases where police and customs officers, and other government officials are involved.
Existing high level cases should be brought to a rapid conclusion. Every delay increases the opportunities for evidence to be ‘lost’ and witnesses to ‘disappear’.
The must be an end the practice of deporting foreign nationals arrested for ivory trafficking. They should be tried in Kenyan courts. Traffickers should know that if they are caught with ivory at a Kenyan port or airport they can expect to spend the rest of their lives in a Kenya jail.
Visitors to Kenya and those in transit must be made aware of the new law and the penalties for poaching in order to reduce demand.
Kenya’s must destroy its entire ivory stockpile as a signal to the world that no Kenyan ivory will ever again enter into legal or illegal markets.

Above all, there is a need to strengthen accountability by giving civil society a permanent role in monitoring living and dead animals, seizures of illegal wildlife products, and the government’s response to wildlife crime.

The good news is that the foundations for this have been laid by the campaign itself, which has given rise to unprecedented levels of collaboration between government and civil society.

In recognition of the key importance of civil society organisations for wildlife conservation, NGOs have recently come together to form the “Conservation Alliance of Kenya”, a permanent stakeholder forum which will advise government on environmental issues. One of the key thematic groups that has been set up will address wildlife crime.

Thus democracy is not only the rock on which we build our campaigns. The campaigns themselves are an integral part of wider efforts to strengthen democracy.

Our African-led initiative to save elephants and wildlife is driven by a wider vision of an inclusive, prosperous African future; an Africa with effective governance and a vibrant civil society, and proud of its rich natural and cultural heritage.