January 15th, 2013 - 3827 kg of ivory found amongst a consignment of mazera stones
SEEJ-AFRICA THUMBNAIL:
- April 28th, 2021: Kenya’s longest running major ivory prosecution is one step closer to conclusion with both defence and prosecution now preparing their final submissions.
- Mombasa clearing agent, Fredrick Sababu Mungule, and Kenya Revenue Agency (KRA) officer, James Ngala Kassiwa, had been arraigned in early 2013 after Kenyan authorities found a shipment at Mombasa port of 3.8 metric tonnes of ivory in the final stages of shipment.
- Last Wednesday, both Sababu and Kassiwa testified in their own defence, stating they did no more than their regular duties in relation to the container shipment.
- Kenyan prosecutors have previously charged clearing agents in four different prosecutions and have yet to obtain a conviction in any of those cases. The case returns to court on May 26th. Go to CF 417/2013 Mombasa for latest court update.
- Kenyan Authorities charged Fredrick Sababu Mungule (a clearing agent), James Ngala Kassiwa (a Kenya Revenue Authority officer) and Gideon Natali Onsinyo Nyangau (a Kenya Ports Authority employee) relating to this shipment.
- They were also charged with a 1323 kg ivory seizure made in Hong Kong on January 3rd. These charges are represented by court files CF 255/13 and CF 417/13 and still ongoing in Mombasa court. (see also #14)
- The same three, with the addition of another Kenya Revenue Authority officer, Nelson Ayoo, were also charged in relation to a 1833 kg seizure made in Singapore on January 23rd that had originated in Mombasa. That case is being tried separately as CF 754/13 and is also presently ongoing. (See #122)
- The same transport company (and same drivers) delivered the three ‘ivory’ containers to Mombasa port. It also delivered 3 more containers of ivory to Mombasa port in 2015 (see case’s #40 and #118)
- The Kenya logistics for all three January seizures were identical apart from consignee’s, including cargo cover load.
- Fredrick Sababu Mungule was identified as the clearing agent and facilitator of a 2033 kg ivory shipment seized in Thailand in March 2011 but was never charged. (see #124)
- DNA analysis of this shipment showed the origin of the ivory to be from Tanzania and Kenya.
FILE: | 417/13 (consolidated with 255/13 on March 21, 2013.) |
CHARGED: | Fredrick Sabubu Mungule (clearing agent) Gideon Naftali Nyangau Onsinyo (Kenya Port Authority Clerk and reportedly died in 2014. James Ngala Kassiwa (Kenya Revenue Authority) |
SEIZURE DATE: | Tuesday January 15th, 2013 |
LOCATION: | Mombasa |
LISTED DESTINATION: | Batam, Indonesia (possibly China) |
POINT OF ORIGIN: | Mombasa |
POINT OF ORIGIN – DNA: | Kenya border and savannah area north/central Tanzania. Exact match: A matching tusk found in Dubai 1478 kg seizure made in May 2013, originated in Uganda |
TRANSIT POINTS: | Thailand |
SEIZED WEIGHT: | 3827.5 or 3287 EIA |
SEIZED DESCRIPTION: | 638 pieces |
VALUE: | 100 Million ksh382,750,000 |
OBFUSCATION: | Mazera stones |
DESCRIBED AS: | Decorative Stones |
CONTAINER: | FSCU 7615602 (Florens) |
ASSOCIATED VEHICLES: | KSM 783 – David Ali Mwariro Al-Mustaqim Trading Co. Ltd |
SHIPS: | MV Lal Bahadur Shastri |
EXPORTER CONSIGNORS: | Ngindo General Trading Company Mwaliko (Mwalilo) Trading Company *KWS |
CLEARING AGENT FREIGHT FORWARDER: | Threeways Freighters Ltd Fredrick Mungule Mwamba Freight Services |
CONSIGNEE: | PT Summer All Co(F)., PT Alam Daya Cammo (F), PT Kundur Prima Karya Komp |
SHIPPING LINE: | East African Commercial and Shipping Company Ltd |
CONNECTIONS: | |
LINKS: |
- Kenyan Authorities charged Fredrick Sababu Mungule (a clearing agent), James Ngala Kassiwa (a Kenya Revenue Authority officer) and Gideon Natali Onsinyo Nyangau (a Kenya Ports Authority employee) relating to this shipment.
- They were also charged with a 1323 kg ivory seizure made in Hong Kong on January 3rd. These charges are represented by court files CF 255/13 and CF 417/13 and still ongoing in Mombasa court. (see also #14)
- The same three, with the addition of another Kenya Revenue Authority officer, Nelson Ayoo, were also charged in relation to a 1833 kg seizure made in Singapore on January 23rd that had originated in Mombasa. That case is being tried separately as CF 754/13 and is also presently ongoing.
OVERVIEW TO DATE
It has taken 99 months for the defence to finally reach the point where it could request time of the court to write up its final submissions.
On Wednesday April 28th at almost 4pm, accused James Kassiwa finished testifying in his defence and Jarod Magolo requested three weeks to prepare his written submissions. DPP prosecutor Edgar Mulamula likewise made a similar request and so Chief Magistrate Edna Nyaloti has ordered the court to re-convene on May 26th for such purpose.
This journey actually began in mid-January 2013 when three separate shipments of ivory were prepared for Hong Kong, Singapore and China. Hong Customs found the first 1.3 tonne shipment on January 3rd. Similar bills of lading led to the other two seizures in Singapore on or about January 11th and then the 3.8 tonne Mombasa seizure on the 14th/15th.
Kenyan investigators initially charged James Kassiwa, the KRA officer who permitted the container entry into the port, and Gideon Naftali Osinyo, a Kenya Ports Authority (KPA) officer involved in the berthing process. Two weeks later, the clearing agent, Fredrick Sababu, was charged. It has been alleged that the trio were involved in the shipment of all three shipments. In January 2014, Naftali Osinyo, reportedly died, leaving just two on the charge sheet.
Sababu and Kassiwa have been charged with two offences relating to illegal exportation under the East African Community Customs Act and could face a maximum of five years in jail and a fine.
While not the subject of the accusations before the court. it is clear that the containers of ivory were moved with the assistance of others in both the KRA and KPA who were able to circumvent established protocols. Corruption was evident at a number of levels, and clearly a reason behind the death threats on Jim Karani, the legal manager of Wildlife Direct, who was ‘watching brief’ for a period of time.
In past ivory prosecutions involving clearing agents (there have been four), there has yet to be a conviction. Past investigations have failed to provide the court with the evidence that the clearing agents had direct knowledge of the contents of the container. These prosecutions have also been muddied by clear evidence of the involvement of others who police have not been unable to locate.
It is doubtful, yet again, that the prosecution has passed the threshold of “beyond a reasonable doubt.”
DNA ivory origins 2/3 Tanzania and 1/3 Kenya. Two tusks in this shipment were directly matched (the tusks from the same elephant in 2 different shipments) to two tusks in an ivory seizure made in Dubai seven months earlier. That shipment had originated in Kampala and transited Mombasa. (courtesy Center for Conservation Biology – Samuel K. Wasser et al)
Sh100m ivory haul seized at port
https://www.standardmedia.co.ke/article/2000075220/sh100m-ivory-haul-seized-at-port
