The High Court in Marsabit has ordered the immediate release of three illiterate fishermen who spent eight months in prison for entering Sibiloi National Park.
Samuel Chandamoe, Hosea Emekwi and Amos Aite, had been jailed over entering a protected area, possessing fish traps and illegal fishing without permits, contrary to the Wildlife Conservation and Management Act, 2013.
The trio was arrested on October 4, 2025, at Alliaby area within the territorial waters of Sibiloi National Park, a gazetted protected area in Marsabit county.
The men pleaded guilty before a principal magistrate court and were sentenced to fines of Sh100,000 or 12 months imprisonment in default, Sh50,000 or in default, serve a sentence of six months and Sh50,000 or a six-month jail term in default.
Unable to raise the money, the men were sent to prison.
Dissatisfied with the harsh penalties, the fishermen launched an appeal.
They submitted they were illiterate and were not aware they had trespassed into the protected area while fishing and pleaded for leniency as first-time offenders.
“They were illiterate and were not aware that they had trespassed into the protected area while fishing and thus prayed to be forgiven since they were first time offenders,” court documents show.
“They further urged the court to consider their plight with sympathy since they were the soul bread winners of their family, who had suffered as a result of their incarceration.”
The state counsel did not oppose the appeal, leaving the matter to the court's discretion.
Justice Olel, in his judgment, agreed with the sentencing but considered the social backgrounds of the accused.
“The sentence passed by the trial court was valid and was not excessive when considering the circumstance of this case. Be that as it may, while balancing the principal of deterrence and correction and also considering that social background of the appellants, I do find that the period already served in custody of eight months is sufficient punishment and order that they be released forthwith unless otherwise lawfully held.”
