Ants/File
On April 14, 2025, four individuals appeared before court to face charges related to the illegal possession and attempted smuggling of live garden ants.This unusual case marks a growing concern for Kenyan authorities tackling unconventional forms of wildlife crime.
The suspects were charged under Section 95(b) of the Wildlife Conservation and Management Act, 2013, which criminalises dealing in live wildlife species without the necessary permits.
According to the prosecution, the accused were found in possession of dozens of ants without authorisation from the Kenya Wildlife Service (KWS), the regulatory agency mandated to oversee such matters.
This case is the latest in a series of incidents involving the illegal trade of insects.
In 2023, three individuals were charged with attempting to export safari ants worth an estimated Sh300,000 to France, underscoring the increasing interest in niche and exotic species in the global market.
WHAT DOES THE LAW SAY?
Under Kenya’s Wildlife Conservation and Management Act, 2013, it is illegal to possess, trade, import, or export any specimen of wildlife without a permit issued by the KWS.
The law broadly defines wildlife to include not just large animals, but also insects and endangered plants.
Section 99 of the Act states, “No person shall trade in, import, export, re-export or introduce any specimen of a wildlife species into or from Kenya without a permit issued by the Service under this Act.”
This means that even transporting ants—alive or dead—within or out of Kenyan borders without proper documentation is a prosecutable offence. While it may seem unusual, such measures are in place to protect biodiversity and prevent biosecurity threats.
WHEN DO YOU NEED A PERMIT?
Permits are required for a range of activities involving wildlife species. These include:
- Scientific research
- Agricultural development
- Conservation programs
- Commercial breeding
- Import and export trade
For insects, the rules apply regardless of whether the species is endangered. Any movement across borders triggers the need for legal documentation.
To obtain an insect import or export permit from KWS, applicants must fill out a prescribed form available at the KWS licensing office.
Applications should be submitted at least 21 days before the intended travel date, along with relevant documents and processing fees.
REGULATING PLANTS: WHAT YOU NEED TO KNOW
While KWS handles wildlife-related permits, the Kenya Plant Health Inspectorate Service (KEPHIS) oversees the import and export of plant materials.
This includes issuing phytosanitary certificates to confirm that exported plants meet international health standards.
Farmers intending to export crops must first register with the KEPHIS Integrated Export Certification and Inspection System (IEICS) through the Integrated Management Information System (IMIS).
After completing the application process, they receive a phytosanitary certificate and, in some cases, an export license from the Agriculture and Food Authority (AFA).
For endangered or protected plant species, exporters must also obtain a special permit from either KWS or the National Environment Management Authority (Nema).
ENFORCEMENT AND PENALTIES
Both KWS and KEPHIS work in coordination with customs and immigration officials at ports of entry and exit to ensure compliance with the law. This includes inspecting shipments and verifying that proper documentation is provided.
In cases involving rare or endangered species, customs officers and immigration authorities check if the specimens are clearly identified and properly permitted. If not, the shipment can be confiscated and legal proceedings initiated.
Violations can carry hefty consequences. Offenders may face:
- Forfeiture of the seized specimens
- Fines of up to Sh20 million
- Imprisonment for up to five years
- Or both
WHY THE CRACKDOWN?
Kenya has long battled illegal wildlife trafficking involving elephants, rhinos, and pangolins. However, authorities are now turning their attention to smaller and less conspicuous species, such as insects and plants.
This shift is partly in response to growing international demand for exotic species for research, decoration, cuisine, and alternative medicine.
Conservationists warn that unchecked trade in insects and plants can severely disrupt ecosystems. Ants, for example, play a vital role in soil health and plant pollination.
Their removal in large numbers can impact agriculture and biodiversity.
FINAL WORD
The recent court case involving garden ants might seem quirky, but it reflects a broader crackdown on illegal trade in all forms of wildlife.
Whether you're a researcher, exporter, or tourist, understanding the legal requirements around transporting insects and plants is crucial.
In Kenya, breaking these laws can have serious consequences—even if your cargo is no bigger than an ant.
