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Reading: 3081/13 Mombasa – R. vs. Nicholas Maweu John 3.3 tonnes
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Seej Africa > Blog > 2013 > 3081/13 Mombasa – R. vs. Nicholas Maweu John 3.3 tonnes
2013ConcludedMajor Wildlife Seizures

3081/13 Mombasa – R. vs. Nicholas Maweu John 3.3 tonnes

SEEJ-AFRICA
Last updated: August 17, 2023 5:56 pm
SEEJ-AFRICA Published January 20, 2018
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444 pieces of elephant ivory weighing 3287 kg seized at Mombasa port on July 8th, 2013. The lone accused, Mombasa clearing agent Nicholas Maweu John, was acquitted in January 2018. This ivory was never shown to the court fuelling rumour and speculation that it never made it to KWS ivory storage facility in Nairobi.

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.

Nicholas Maweu John, a Mombasa clearing agent, was charged with violating provisions of the East African Community Customs Management Act relating to a 3.3t seizure of ivory made at Mombasa port in July 2013. He was acquitted in January 2018. Two other identified suspects were never apprehended.

#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:

  1. 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. 

Tusk origin through DNA analysis by Centre for Conservation Biology
Kenya Ports Authority workers and Kenya Wildlife Services (KWS) officials arrange elephant tusks recovered at the container terminal in the coastal city of Mombasa July 8, 2013. REUTERS/Joseph Okanga

Kenya seizes more smuggled ivory destined for Malaysia

By Joseph Akwiri
 
July 9th, 2013: Mombasa, Kenya: 
MOMBASA, Kenya (Reuters) – Kenyan officials have impounded another large consignment of smuggled elephant ivory barely a week after intercepting a similar haul, highlighting the rise of poaching in Africa.
 
The ivory, weighing 3.3 metric tons and valued at 65 million shillings ($748,400), was impounded this week. It had been wrapped in gunny sacks and declared as groundnuts being shipped to Malaysia from Kenya’s capital, Nairobi, officials said on Tuesday.
 
“From the ivory we see displayed, we can clearly conclude that this haul amounts to over 200 elephants that were killed,” said Fatuma Yusuf, a senior Kenya Revenue Authority official whose team discovered the ivory at the port.
 
Two other containers suspected of containing ivory are due for inspection, officials at the port city of Mombasa, east Africa’s main trade gateway, said.
 
The seized consignment comprised 382 whole pieces and 62 cut pieces of ivory. Together with the ivory inside the container were unprocessed groundnuts.
 
On Wednesday, officials seized 775 pieces of ivory weighing 1.3 metric tons, also at the port, hidden under fish and destined for Malaysia from Uganda.
 
Poaching has risen in recent years across sub-Saharan Africa where well armed criminal gangs have killed elephants for tusks and rhinos for their horns that are often shipped to Asia for use in ornaments and medicines.
 
Arthur Tuda, the assistant director of Kenya Wildlife Service (KWS) in Coast region, said that from his assessment, the ivory appeared to have been extracted from the savannah elephants which he said were characterized by big tusks.
 
“These elephants occur from central, east and all the way to South Africa. The tusks are definitely from very mature elephants, perhaps 50 or more years old. One of the tusks is seven feet long and weighing 46 kgs (101 lb), clearly from a very mature elephant,” Tuda told journalists.
 
The seizure comes barely two months after customs officials in United Arab Emirates seized 259 pieces of ivory shipped from Mombasa, a port that has long been seen as a transit point for drugs and other contraband goods.
 
While in Tanzania on his recent tour of Africa, U.S. President Barack Obama announced a $10 million plan to help curb illegal trafficking in rhino horn, elephant tusks and body parts from other endangered wildlife across Africa.
 
A senior director of KWS said Kenya had been given a six- month ultimatum to curb poaching and smuggling of game trophies, by the convention on international trade in endangered species of wild life, CITES. Failure would result in Kenya being blacklisted.
 
Kenya’s cabinet this year approved stiffer fines and lengthy jail sentences for anyone convicted of poaching or trafficking in wildlife trophies, saying poaching was harming tourism, a major foreign exchange earner.
 
Writing by James Macharia
 
https://www.reuters.com/article/us-kenya-ivory-poaching/kenya-seizes-more-smuggled-ivory-destined-for-malaysia-idUSBRE9680TB20130709

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