Jomo Kenyatta International Airport Senior Principal Magistrate Njeri Thuku on Wednesday fined three foreigners and a Kenyan Sh1 million each, or serve a one-year jail sentence.

Lornoy David and Seppe Lodewijckx, both Belgians, Vietnamese Duh Hung Nguyen and a Kenyan, Dennis Ng’ang’a, pleaded guilty to the crime on April 15.

The four men were arrested by Kenya Wildlife Service (KWS) officers in Nakuru, Nairobi and Machakos counties on April 5, where they were found with the ant queens (Messor Cepholates) in syringes totalling more than 7,200.

She also ordered the repatriation of David, Lodewijckx and Nguyen to their countries of origin via the Immigration Desk.

The ants, found in a particular area in Naivasha, Nakuru County, were worth Sh1.2 million.

As part of its submissions, Director of Public Prosecutions (DPP) tabled a report from the National Museums of Kenya authored by a leading entomologist.

The report underscored the critical ecological importance of ants, highlighting their roles in pest control, seed dispersal, soil aeration, and nutrient recycling.

The expert warned that large-scale harvesting of queen ants could trigger local extinctions, destabilize fragile ecosystems, limit plant nutrient cycles, and promote the spread of invasive species.

According to the Magistrate, the ant queens can be kept as exotic pets, as a therapy to watch, for research and educational purposes.

She added that they can be a source of research, teach ecology the behaviour of ants and the importance of ants in the ecosystem, and they provide helpful insights into biodiversity and the ecosystem.

After the arrest, David and Lodewijckx told Magistrate Thuku that they came into the country for the World Rally Championships that took place in Naivasha.

They said that they collected the ants as a hobby, an argument that was used as part of their mitigation by their lawyer, Halima Magairo.

The two added that they were ignorant of their actions and asked to be freed and to be allowed to go back into their country.

Magistrate Thuku dismissed the argument by their lawyer, Magairo, saying that if it were a hobby, then David and Lodewijckx would have been arrested with two or at most 10 ants in case some died.

“But there is no justification for being found with 5,000 queen ants. None at all. This is beyond a hobby.”

She further noted that the four men had ant queens that were in demand worldwide due to the reported shortage.

“Indeed, if it happened to any larger species with 5,000 of a specific gender being taken away, it would be genocidal proportions.”

She noted that the ant queens were being targeted due to their adaptability and reproduction.

On the other hand, Nguyen and David were sorry for breaking the law, saying they too were ignorant of their actions.

Magistrate Thuku said that the prosecution led by Allen Mulama, Paula Rono, and Bramwel Shitsama had presented evidence from KWS investigators, which showed that Nguyen knew what brought him into the country.

Thuku noted that the Vietnamese contact person was Ng’ang’a, who referred to himself as a broker and that the two travelled to Naivasha, where they met people supplying the ants.

“These are all the hallmarks of illegal wildlife trade and possibly bio-piracy,” noted Thuku.

Citing a report from the National Museums of Kenya tabled by the DPP, the Magistrate said that the ants were facing extinction because they have a very restricted distribution range.

If they were to go extinct, there would be a proliferation of harmful species, such as pests, due to a lack of predators disrupting the process of nutrient recycling and potentially affecting nutrient availability, causing nutrient-poor soils and poorly aerated soils.

The report presented by the DPP, underscored the critical ecological importance of ants, highlighting their roles in pest control, seed dispersal, soil aeration, and nutrient recycling.

The Magistrate also noted that it would lead to the introduction of invasive species in areas where they are not naturally found. 

“If ants were to go extinct, the effects on ecosystems would be widespread and devastating. Ants are essential for maintaining healthy soil through their natural tunnelling behaviour, which aerates the ground, improves water infiltration, and facilitates plant root respiration,” said the magistrate.

“They also contribute to the decomposition of organic matter, helping to recycle nutrients and maintain soil fertility. Without ants, soil quality would significantly decline, negatively impacting both natural vegetation and agricultural productivity.”

In her sentencing, Thuku said that traditionally, the focus has been on big games where poachers seek big rewards from mammals and birds, but there was a demand for invertebrates, and the same principles apply.

She noted that this was just another business opportunity to the buyers, and the four men were suppliers caught by KWS, but the broader picture should be the effects of these actions.

Thuku further added that the three foreigners coming into the country to get the ants mirror the state of Africa being exploited for its resources by countries in the West.

“We must as a continent take our place and harness our resources sustainably, if indeed there is a business case to be made for our resources.”