Today’s Court Update
#20. April 26th, 2024 (Hearing): Today’s hearing did not take place. The scheduled witness had been involved in an accident and was recuperating from injuries that included fractures. The only other witness yet to testify is the IO who will conclude the prosecution case. Defence had previously been advised. The court set the next hearing for July 18th.
Case Overview
On November 10th, 2022 at approximately 13:00 hrs, KWS officers with NPS support, arrested the accused, Josphat Odour Okumu, in the Busia area 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: Opyio Odegi |
Accused: Josphat Odour Okumu | |
Charges:
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Date of Arrest: 2022-11-10 | Date of Arraignment: 2022-11-14 |
Location of Arrest: Busia Town, Busia County | Contraband Seized: 5.5 kg (2 pieces) |
Proceedings
#19. March 15th, 2024 (Hearing): Matter was coming up for hearing. Both parties were ready to proceed. However, the defence noted that he knew that the remaining witness was the IO and his statement had not been served to them. Prosecution realised the same and prayed adjournment to effect that. The defence counsel had no objection to a further hearing date. A hearing date of 26th April was given.
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#18. December 11th, 2023 (Hearing): Today’s scheduled hearing took place. The magistrate, Hon. Boaz Maura, and the prosecutor Mr. Kiprono were present in court. The accused and his defence Mr. Opiyo were also present in court. The prosecution had one witness in court and they were ready to proceed. The defence was also ready to proceed.
Witness – Was a KWS corporal at KWS headquarters in the investigation unit. His role in the case is as a digital forensic expert and the arresting officer.
On 8th November 2022, the witness received intelligence on an individual called Josphat in Maduarslums who deals in sandalwood and wildlife trophies and that he would be receiving a package of ivory and sandalwood.
On receiving the information, he relayed the same to his superior, where they strategized an operation together with three other officers.
On 9th November 2022, the witness and the other four officers left for Busia and at around 10 am, headed into the slums where further intel indicated Josphat Odour Okumo was in a store within the slums. One of the team mounted surveillance and waited for the suspect to appear.
At around noon, using the description given to him in the intel, the suspect was spotted under a shade. The suspect was carrying a carrier bag with red and blue stripes (which was present in court with the ivory) that seemed heavy. (Presented as exhibit no. 4).
With backup from the Busia police, they approached the suspect, identified themselves, questioned him on his luggage and proceeded to search him. They found 2 elephant tasks in the bag and they requested a permit for them but he did not have one. They arrested the suspect and took him to Busia police station. During the arrest and transport of the suspect, a crowd formed and chased them to the station which prompted the officers to later transfer the suspect to Langata police station.
In Busia, he prepared an inventory dated 10th Nov 2022 that was signed by the arresting officers. (marked as exhibit No. 5). They also confiscated the accused person’s Infinix phone.
The witness was also the one who prepared weighed the ivory and prepared the weighing certificate which was signed by the arresting team. The suspect refused to sign.
The witness stated that he had four years of experience as a digital forensic expert working for the KWS and is Cellebrite certified. On 11th Nov 2022, the IO presented him with an exhibit memo and requested that he extract messages and call logs between 1st November and 10th November 2022 from the Infinix phone. The phone had 2 SIM cards, a Safaricom and an MTN SIM card. He recovered 53 call logs and 10 conversations from the phone.
Cross Examination
In the cross-examination, the witness stated that the source of the information on the accused was confidential. The defence also highlighted that the witness statement indicated that the bag with ivory was confiscated at the entrance of a store and not on the accused. The witness clarified that the accused was the one carrying the bag and he was at the entrance of the store during the arrest. The witness also states that he did not have any comments regarding the contents of the digital forensic report he prepared, he did as instructed and stated the IO would be better placed to answer any questions regarding the nature of the calls and messages in the report.
The hearing will continue on 15th March 2024.
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#17. October 25th, 2023 (Mention): This case was called in the morning with the prosecutor present and defence counsel scheduled to appear virtually. Counsel was unavailable at the time for unknown reasons so the matter was set aside until it proceeded at 1:40 pm. This matter has set a date of December 11th for the next hearing.
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#16. October 23rd, 2023 (Mention): This mention was not dealt with until late afternoon due to the absence of the prosecutor. It is believed that he was held up on another matter at Milimani court. It was re-scheduled for October 25th for the purpose of directions.
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#15. October 11th, 2023 (Mention): The matter was coming up for mention for directions as the last date it had been mis-diarised. ODPP requested another mention date in the next weeks to fix a hearing date, adjourned for mention on 23rd October 2023.
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#14. October 9th, 2023 (Mention): This hearing was deferred as the matter had been wrongly diarised. The court diary says the 9th but captured on the system as the 11th. Adjourned to the October 11th.
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#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.
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#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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