Two jailed for four months in Mandera for mistreating donkeys

An overloaded donkey cart in Mandera town. The local Municipality and the Judiciary have declared war against animal cruelty meted on donkeys by local businessmen.

Photo credit: Manase Otsialo I Nation Media Group

Donkey cart operators in Mandera County are now finding themselves in trouble following implementation of a law prohibiting misuse of the animals.

The Cruelty to Animals Act of 2012 states that a person who beats, kicks, ill-treats, over-rides, over-drives, overloads or tortures an animal is guilty of cruelty.

This also applies to owners who infuriate or terrify any animal or use an animal that is so diseased, injured or in such a poor physical condition that it is unfit to be so used.

Two donkey owners – Kislow Mohamed Hassan and Ali Maalim Muktaz – were sentenced to serve four months in jail after they were charged with mistreating their animal.

The two were arrested in Mandera town and charged with cruelty to animals.

They were charged that on October 16, they were found with an overloaded donkey cart with assorted items that made the animal strain to pull them, threatening its life.

Sentencing the two, Mandera Senior Resident Magistrate Peter Wasike noted that cases of cruelty to animals were rampant in Mandera and the unlawful act needed to be stopped.

“This will serve as an example to those misusing donkeys,” Mr Wasike said.

In a public notice, Mandera municipality managers warned animal owners, hardware dealers and wholesalers against allowing donkeys to be overloaded at their premises.

They asked locals to stick to allowed weight limits for donkey carts in the municipality.

Under the Cruelty to Animals Act, a person who conveys, carries, confines or impounds an animal in a manner or position likely to cause the animal to suffer will be charged with cruelty.

Donkey cart

An overloaded donkey cart in Mandera town. The local Municipality and the Judiciary have declared war against animal cruelty meted on donkeys by local businessmen.

Photo credit: Manase Otsialo I Nation Media group

Also prohibited is starving, underfeeding or denying water to an animal, or abandoning it, permanently or not.

Keeping animals in a grossly dirty or verminous condition or failing to procure or administer veterinary treatment to sick animals is also an offence.

People found guilty will be liable to a maximum fine of Sh3,000 or a jail term not exceeding six months or to both.

It is common to see overloaded donkeys in Mandera town or crossing to Kenya from Somalia or Ethiopia.

“Our people don’t care about the weight the donkey is pulling but about the money they make in transporting the items,” said resident Hassan Ali.

He said many donkey owners are not bothered about the welfare of the animals.

“One can easily purchase a donkey at about Sh10,000 and I think this makes them less concerned about the welfare of these animals,” he said.

Mandera municipality managers say business people who allow donkeys to be overloaded at their premises will be considered accomplices in the crime.

In his ruling, Magistrate Wasike said officials at border points and security checks should not allow overloaded donkeys to go through.

A donkey cart operator, who spoke to Nation.Africa in confidence, said they overload their animals to avoid paying more bribes to government officers.

“Coming in with a single donkey cart is cheaper than making several trips or having several carts because we pay these officers per every cart and weight carried,” he said.