Chinese woman’s plea for lesser sentence dismissed

By Fred Makana

Nairobi, Kenya: The High Court has dismissed a Chinese woman’s application seeking a review of her jail term.

High Court Judge Lydia Achode ruled that the court found no basis to interfere with the two years and seven months sentence except that it should run concurrently.

Biemei Chen had pleaded with the court to consider substituting her custodial sentence with a fine. In the application Ms Chen through lawyer John Swaka had argued that it was wrong for the trial court to impose a custodial sentence without considering an option of a fine as provided for by law.

The convict further argued that being of Chinese origin, she has been unable to adjust to prison conditions, particularly the diet, resulting in a deterioration of her health. She also stated that her children had been left destitute.

Rampant poaching

Swaka urged the High Court to revise the custodial sentence since the Wildlife Conservation and Management Act provides for a fine for Ms Chen’s charges.

“The applicant is remorseful and willing to be deported back to China and be banned from entering Kenya,” Swaka said.

In his submissions, State Counsel Mr Kadebe argued that by imposing a custodial sentence the trial court had also taken into account the poaching of elephants therefore the sentence was justified and legal.

Justice Achode, however, dismissed the application. “There has been increased concern over increased poaching of wild animals, particularly elephants,” Justice Achode stated.