Case Conclusion: On January 24th, 2018, Chief Magistrate J. M. Nang’ea of Mombasa court acquitted Nicholas Maweu John, for his role in the attempted exportation of 3287 kilogrammes of ivory from Mombasa port destined for Malaysia.
He made comment in his judgement that “the case was poorly investigated”. Indeed, the testimony of the eight prosecution witnesses clearly showed that there were other known Mombasa business persons who played a more significant role in the criminal exportation. These persons were never located by police.
#25 is a number assigned indicating this seizure has a link(s) to the West Africa cartel and its ivory was DNA analyzed.
SEEJ-AFRICA THUMBNAIL:
- On July 8th, 2013, Mombasa port authorities conducted a verification of container PCIU1245250 that was also bound for Malaysia. It was found to contain 3287 kg of ivory consisting of 382 whole pieces, 62 cut pieces (444) in 240 bags of ground nuts as declared.
- This container was known to have originated from Kampala and was driven to Mombasa via the Malaba border crossing.
- This seizure was similar in many respects to a 1478 kg ivory seizure verified in Mombasa port on July 3rd, 2013.
- In December 2013, a lone clearing agent, Nicholas Maweu John, was charged for offences under the East African Community Customs Management Act.
- A conducted DNA analysis concluded the ivory came from elephants primarily killed in Tanzania with approximately 25% from elephants killed in Kenya. (see below)
Court Updates
Presiding Magistrate: Hon. J.M. Nang’ea – Chief Magistrate
State Counsel: Ms. Mwaura
Counsel for the Accused: Mr. Maunda
Previous Presiding Magistrates:
- Hon. Senior Principal Magistrate R. Odenyo; December 23rd, 2013 to April 4th, 2014
- Hon. Chief Magistrate M. Gicheru; May 16th, 2014 to December 2nd, 2014
Previous State Counsel: Chief Inspector Waithaka, ODPP – Wangila, Kitonga, Kagori, Masila
ACCUSED:
- Nelson Mawue JOHN
CHARGED:
1. On diverse dates between 25th June and July 8th, 2013, at Changamwe area, Mombasa County, jointly with others not before the court, conspired to contravened Section 193 East African Community Customs Management Act (EACCM) by bringing into a customs area restricted goods to wit: 444 pieces of ivory valued at ksh 164,350,000 in container PCIU 1245250.
2. On diverse dates between 25th June and July 8th, 2013, at Changamwe area, Mombasa County, jointly with others not before the court, and contrary to Section 200 (c)(ii) EACCM, brought into a customs area namely Port of Mombasa restricted goods to wit: 444 pieces of ivory valued at ksh 164,350,000 in container PCIU 1245250 for exportation to Malaysia.
CONCLUSION:
On January 24th, 2018, Mombasa clearing agent, Nicholas Maweu John, was acquitted for his role in the attempted exportation of 3287 kilogrammes of ivory from Mombasa port destined for Malaysia.
Nicholas Maweu John’s charge sheet, presented to the Mombasa court read in part: “On diverse dates between the 25th June 2013 and 8th July 2013”………“jointly with others not before the court conspired to contravene…..”. But there were never any others brought before the court and no conspiracy ever identified.
Chief Magistrate J. M. Nang’ea made comment in his judgement that “the case was poorly investigated”. Indeed, the testimony of the eight prosecution witnesses clearly showed that there were other known Mombasa business persons who played a more significant role in the criminal exportation. These persons were never located by police.
Of interest, Abdul Halim Sadiq Omar, who was identified as the owner of the lorry that transported the 444 pieces of ivory to the port was interviewed by police and released. His name re-appeared publicly the following June when he was named as co-accused with Feisal Mohammed Ali in that 2152 kilogramme Mombasa ivory seizure.
