Two Arrested with 37 kg Ivory
SEEJ-AFRICA THUMBNAIL:
- June 9th, 2018, and acting on intelligence, Kenya Wildlife Service and National Police Service officers stopped a Majero vehicle on the outskirts of Mombasa.
- 37 kg of ivory cut into eight pieces was found inside and the two occupants were subsequently arrested.
- The accused, Abdikheir Gababa Ibrahim, had a 2016 ivory possession charge pending from Narok.
- The accused, Abdulahi Yusuf Adan, had fraudulent identification documents in his possession and was charged accordingly.
- Both accused have been in custody since their 2018 arrest.
March 30th, 2022: Today, in a virtual court setting; with presiding Chief Magistrate E. Nyaloti in Nakuru Court, DPP prosecutor Alex Kituma sitting in Mombasa courtroom one, defence advocate Chacha Mwita in his office, and Abdikheir Gababa Ibrahim and Abdullah Yusuf Adan in Shimo La Tewa prison, the two accused were sentenced having been on remand since their arrest in June 2018.
The court found the two guilty of possession of wildlife trophies comprised of 37 kg of ivory tusk pieces. They had been stopped at a police road block in the Mombasa area on June 9, 2018 and found to have the ivory hidden in a modified compartment within the vehicle.
The were sentenced to pay a fine of 1 million shillings ($10,000 USD) or in default, spend 5 years jail, effective their 2018 arrest date. The had been found not guilty of dealing in wildlife trophies.
Abdullah Yusuf Adan was also sentenced to sh 20,000 fine ($200) or in default 6 months in jail for possession of false identification documents.
The vehicle was ordered forfeited to the state and the ivory ordered destroyed.
The two accused pled for leniency, both having been divorced by their wives while they had been in prison and each with children to support.
Abdikheir Gababa Ibrahim still has an outstanding ivory possession charge before the Narok courts when he was found with 4.5 kg of ivory in October 2016.
COURT PROGRESS
The original arraignment date was June 11th, 2018.
- As of March 24th, 2021, the prosecution witnesses had all been called. However, defence counsel have requested the recall of PW1 and PW2 for cross examination. This decision is pending.
May 27th, 2021: On this date, PW1, the arresting officer, was present in court, having been officially recalled as defence had not had the opportunity to cross examine . {It had been previously determined that PW2, another officer, had been dismissed from the police service and was not available.}
PW1 testified as to the events leading to the accused’s vehicle being stopped, the information based on intelligence from KWS. There was a contradiction in exactly where in the vehicle the ivory had been located.
After witness was stood down, June 3rd was set for ruling but adjourned on that date for July 7th.
Duo to be detained three days over Sh3.7m ivory (Kenya)
