Today’s update
September 11th, 2023 (Defense 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.
2nd accused 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.
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
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
April 4th, 2023, Mombasa Court: The 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 nine sittings, there have been adjournments requested by defense counsel (and granted by the court) on six occasions.
June 8th, 2023, (Defense Hearing): Next scheduled date
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.
March 1st, 2023 (Defence Hearing): This scheduled defence hearing was adjourned as the advocate for the second accused was in High Court.
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.
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.
October 27th, 2022, (Submissions hearing): The scheduled hearing did not occur. Adjourned to November 21st, 2022.
October 25th, 2022, (Submissions hearing): Advocate for the first accused, Charles Okuthe, was unwell. Adjourned to the 27th for submissions hearing.
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.
July 27th, 2022, (Mention): Advocate, Charles Okuthe, has not completed his submissions and requests another two weeks. Adjourned to August 22nd, 2022.
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.
