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Reading: E185/23 Naivasha – R. vs. Eugenius Mutembei Murungi, Edward Kaburu Nyaga, Brian Muthani 58 kg ivory
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Seej Africa > Blog > 2023 > E185/23 Naivasha – R. vs. Eugenius Mutembei Murungi, Edward Kaburu Nyaga, Brian Muthani 58 kg ivory
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E185/23 Naivasha – R. vs. Eugenius Mutembei Murungi, Edward Kaburu Nyaga, Brian Muthani 58 kg ivory

SEEJ-AFRICA
Last updated: August 6, 2024 1:30 pm
SEEJ-AFRICA Published February 11, 2023
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12 tusk pieces seized from three men by KWS buyers late on February 11th, 2023.

Today’s Court Update

 
#20. August 1st, 2024 (Mention): The court set the next hearing date set for August 22nd.

SEEJ-AFRICA THUMBNAIL:

  • On the afternoon of February 11th, 2023, KWS officers received information of a man looking to sell 58 kg of ivory.
  • An undercover KWS buyer came into contact with the buyer through two brokers.
  • Shortly after 23:00hr, officers affected the arrest of the three men in the area of Ndunyu Njeru, located approximately 40 km north east of Naivasha and just west of the Aberdares Forest.

Note: At the time of the arrest, the accused, Edward Kaburu Nyaga, had an ongoing case in Meru court in which he was accused of dealing and possession of 22 kg of ivory under court file 1922/16.  Shortly thereafter his arraignment on this charge, he was convicted and sentenced to a 2 million shilling fine or in default serve 5 years in jail.

Presiding Magistrate and Court:
 
Hon. Nathan Shiundu Lutta   – Chief Magistrate Court 1
 
State Counsel: 
 
Advocates for the Accused: 
Accused: 
 
  1. Eugenius Mutembei Murungi

  2. Edward Kaburu Nyaga

  3. Brian Muthani

 
Charges: 
  1. Dealing in wildlife trophy contrary to section 92 (2) arw Sec 105  WCMA
  2. Possession of wildlife trophy contrary to Section 92 (4) WCMA
 
Date of Arrest:
 
2023-02-11
Date of Arraignment:
 
2023-02-13
Location of Arrest:
 
Ndunyu Njeru
Contraband Seized: 
 
58 kg (12 pcs)

PROCEEDINGS

#19. July 11th, 2024 (Hearing): The court set a mention date of August 1st.
 
 
#18. July 4th, 2024 (Mention): The court set a hearing date of July 11th.
 
 
#17. June 13th, 2024 (Mention):Mention date set in court for July 4th.
 
*******************************
 
#16. May 30th, 2024 (Hearing): The scheduled hearing did not proceed. The two KWS witnesses were not in attendance for reasons not specified. A mention date of June 13th was set for the one accused still in custody.  The is also no indication that a plea bargain is proceeding for the first accused.
 
*******************************
 
#15. May 2nd, 2024 (Mention): The hearing date is still set for May 30th.  (SEEJ-AFRICA not in attendance)
 
*******************************
 
#14. April 2nd, 2024 (Mention): Another mention date set for May 2nd. (SEEJ-AFRICA not in attendance)
 
*******************************
 
#13. March 21st, 2024 (Mention): All relevant persons in attendance, the second accused who is in custody, was attending virtually. The plea bargain is now for A#1 only and the hearing will continue for the other accused. There will be a mention regarding the plea bargain on April 2nd and next hearing date for May 30th.
 
*******************************
 
#12. February 29th, 2024 (Hearing): Today’s hearing did not take place due to a possible plea bargain between the prosecution and all 3 accused. At present, the second accused is still in custody. KWS does not appear to have been apprised before hand as they had two witnesses and the ivory exhibits on hand for the trial.  The matter has been adjourned for a mention on March 21st.
 
*******************************
 
October 5th, 2023 (Hearing): This hearing did not happen. Next hearing date set for February 29th and a prison mention for Oct. 19th.
 
*******************************
 

July 13th, 2023 (Mention): Hearing date set for October 5th, 2023.

*******************************

February 13th, 2023 (Plea): DNA (did not attend)

Three businessmen arrested with 58kg of ivory

By Antony Gitonga | 2023-02-13

Kenya Wildlife Services (KWS) officers in Naivasha have arrested three suspects and recovered nine pieces of elephant tusks.
 
A private vehicle used to ferry the illegal cargo was also seized.
 
The three, said to be businessmen from Nairobi City, were ferrying the tusks weighing 58kg from Kinangop when intercepted along the Naivasha-Engineer Road.
 
KWS suspects that the tusks were chopped off from two elephants that were recently killed in Aberdare National Park in Nyandarua County.
 
The suspects tried to flee from the moving vehicle before being apprehended and frog-matched to the Naivasha police station.
 
A source from KWS said they had received a tip-off from area residents about the traders who had allegedly travelled to Kinangop to buy the tusks.
 
“We laid an ambush along the road and managed to recover nine pieces of tusks that were stashed in the boot of the car and arrested three suspects,” said the source.
 
Naivasha OCPD Samuel Waweru confirmed the weekend incident adding that they were working with KWS on the case.
 
“The three are on their way to court to be charged with various offences, and the recovered tusks are in the custody of KWS staff,” he said.
 
https://www.standardmedia.co.ke/rift-valley/article/2001467055/three-businessmen-arrested-with-58kg-of-ivory

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