Today’s Court Update
13. September 13th, 2023 (Hearing): The scheduled hearing did not take place. While the prosecution was ready to proceed with one witness, the accused and his counsel were absent. Prosecution prayed for issuance of warrant of arrest which the court gave. The case will next be mentioned on October 9th, 2023.
This is the 13th sitting of this case since arraignment in November 2022.
Case Overview
On November 10th, 2022 at approximately 13:00 hrs, KWS officers with NPS support, arrested the accused, Josphat Odour Okumu, with two pieces of elephant tusks. They were found to weigh 5.5 kg. This matter was transferred to Kahawa Law Courts in Nairobi area.
Presiding Magistrate and Court: Hon. Boaz Mauro Ombewa – Senior Principal Magistrate | |
State Counsel: Kiprono (Primary) Jillo | Advocates for the Accused: Odegi |
Accused: Josphat Odour Okumu | |
Charges:
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Date of Arrest: 2022-11-22 | Date of Arraignment: 2022-11-14 |
Location of Arrest: Busia Town, Busia County | Contraband Seized: 5.5 kg (2 pieces) |
Proceedings
12. August 9th, 2023 (Hearing):The testimony today was from the arresting officer of KWS who re-counted the circumstances of the arrest. Acting on intelligence, he found the accused standing in some shade at a boda boda stand. The 2 tusk pieces were in a carrier bag with the accused.
During cross-examination, he stated that the arrests were made with the assistance of Busia police and he did not know the names of those officers. He did not see a delivery of the tusks being made but found them with the accused.
Today’s hearing was scheduled for three witnesses but the prosecutor advised the court that two did not attend as she was told that they were on training. The prosecution requested an adjournment which was not opposed by the defence but who prayed that on the next hearing the witnesses would be present.
The primary prosecutor, Mr. Kiprono, was unavailable to confirm the next hearing date presently set for September 13th. He is to confirm the date and if it is not okay, another date shall be given and communicated.
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11. May 24th, 2023 (Hearing): The lone witness to testify was an expert from the NMK who presented evidence that the tusks seized from the accused were elephant ivory.
Another prosecution witness was scheduled to testify but as per the prosecutor, was not available.
Next hearing date set for August 9th, 2023.
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