Today’s update
#38. August 29th, 2024 (Judgement): Today’s judgement did not take place. Senior Resident Magistrate Orora told the court that it was not ready. That is interesting as it was on September 11th, 2023, that she first scheduled a judgement. Since that date, the first accused, Kenneth Felix Walala, absconded in November and there is a warrant outstanding for his arrest.
Judgement date now set for September 20th.
Overview
On 7th July 2020, at around 1830 hours at Sabasaba area within Mombasa County the accused were found dealing with wildlife trophies namely 5 pieces of elephant tusks weighing (10) kilograms.
Court Updates
Presiding Magistrate:
Hon. Rita Orora – Senior Resident Magistrate
Previous – Hon. Christine A. Ogweno – Senior Resident Magistrate
State Counsel:
Defence Counsel: 1. Charles Okuthe 2. Geoffrey Were
ACCUSED:
- Ken Felix Walala
- Martin Arogo Ayieko
CHARGED:
- Dealing in a wildlife trophy of endangered species contrary to Section 92(2) as read with Section 105 of the WMCA (2013) to wit: on 7th July 2020, at Sabasaba area of Mombasa County were found dealing in wildlife trophies namely 5 pieces of elephant tusks weighing 10 kgs with a street value of ksh 1 million without a permit.
Proceedings
#37. July 18th, 2024 (Judgement): While this matter was on the cause list for a judgement, it did not happen nor was the case even called. It was ascertained that the accused had made a representation to the court the previous day and a new date for judgement had been given of August 29th.
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#36. May 23rd, 2024 (Mention): The court has set a judgement date for July 18th, 2024.
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#35. May 9th, 2024 (Mention): The court has set another mention date of May 23rd, 2024.
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#34. April 18th, 2024 (Mention): The court has set another mention date of May 9th, 2024.
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#33. March 14th, 2024 (Mention): First accused, Ken Felix Walala, is still on the run. The court has set another mention date of April 18th.
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#32. February 22nd, 2024 (Mention): First accused, Ken Felix Walala, is still on the run, The second accused was present without his advocate. The court has set a mention date to set a judgement date for March 14th.
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#31. January 18th, 2023 (Judgement): The scheduled judgement was not handed down as court 13 of the Hon. Senior Resident Magistrate Rita Orora was not sitting as she was away on official duties. This matter has been given a mention date of February 19th based on information that the first accused, Ken Felix Walala, has absconded and cannot be traced.
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#30. December 20th, 2023 (Mention): Court room 13 of SRM Orora was not sitting today but the matter did receive mention in court 8 of Hon. Odhiambo. The first accused, Walala, was absent again while his co-accused and counsel were in attendance. Judgement still set for January 18th.
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#29. November 30th, 2023 (Judgement): While the judgement was not yet ready, the first accused, Ken Felix Walala, was not in court for the second time in a row. On this occasion, it was caught by the presiding magistrate and a warrant of arrest issued. The second accused was present. The matter will be mentioned again on December 20th and January 18th, 2024 if the accused has by that time not been located.
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#28. October 30th, 2023 (Judgement): This date was an error by the court. It was meant for an internal diary date and not in court. Judgement set for November 30th.
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#27. October 19th, 2023 (Judgement): The court was not ready to deliver the judgement. Both advocates were present but their clients were not. The matter was adjourned to October 30th.
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#26. September 11th, 2023 (Defence Hearing): Felix Walala, the 1st accused told the court that he was arrested at Sabasaba in the car but denied having knowledge of ivory being in the car. He told the court there was another passenger who left the car during the arrest whom he did not know. He also said the police never asked him about the person who left.
The 2nd accused, Martin Arogo Ayieko, told the court he was a taxi driver based in Voi and sometimes drives to Nairobi or Mombasa. He told the court when the first accused hired him.
It was the first accused who placed the greenish sack in his taxi car in the boot. He also said the sack was wrapped and he could not tell what was in the sack.
Both lawyers refused take date for submission saying the only want Judgement day. Adjourned to October 19th for judgement.
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#25. July 31st, 2023 (Defence Hearing): Today the advocate for the second accused, Geoffrey Were, was absent. He was reportedly in Shanzu court on another matter. Defence hearing adjourned to September 11th.
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#24 July 6th, 2023 (Mention): Today’s mention to set a date for defence hearing did not happen. The accused Walala was absent and his advocate stated that he was sick. The court ordered that medical documents be produced to confirm.
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#23. June 8th, 2023, (Mention): The mention to set a defence hearing date did not happen as the court was not sitting. The Hon. Magistrate was attending a workshop.
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#22. April 4th, 2023, (Defense Hearing): Today’s scheduled hearing had to be adjourned as SRM Orora was not sitting. This case will not be mentioned until June 8th, 2023 to set another date for the defense hearing. Since July of last year, of 9 sittings, there have been adjournments requested by defense counsel (and granted by the court) on six occasions.
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#21. March 1st, 2023 (Defence Hearing): This scheduled defence hearing was adjourned as the advocate for the second accused was in High Court.
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#20. February 14th, 2023 (Defence Hearing):When the case was called for the hearing to proceed after earlier confirmation, it was found that the advocate for the second accused, Geoffrey Were, was unavailable. The second accused was also not present. Adjourned to March 1st for defence hearing.
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#19. November 21st, 2022 (Defence hearing): By the time the court came to begin this hearing, Geoffrey Were, advocate for Martin Ayieko, stated that he had a burial to attend at 1:00pm. Adjourned to February 14th, 2023.
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October 27th, 2022, (Submissions hearing): The scheduled hearing did not occur. Adjourned to November 21st, 2022.
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October 25th, 2022, (Submissions hearing): Advocate for the first accused, Charles Okuthe, was unwell. Adjourned to the 27th for submissions hearing.
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August 22nd, 2022, (Mention): This mention was for direction on submissions but had to be adjourned as the advocate, Geoffrey Were, was absent and the second advocate, Charles Okuthe, was unwell.
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July 27th, 2022, (Mention): Advocate, Charles Okuthe, has not completed his submissions and requests another two weeks. Adjourned to August 22nd, 2022.
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July 4th, 2022, (Mention): It was on this date that SEEJ-AFRICA first became aware of this prosecution. At this point, the prosecution has closed its case and SRM Orora is requesting written submissions from all advocates as to whether there should be a case to answer.
