Mombasa Court, April 14th, 2023: The defence has submitted their arguments in writing. Prosecution to rely on the evidence as it stands. Judgement set for June 13th, 2023.
Overview
On Sunday 27th December 2015 in the mid-afternoon, the two accused were arrested by KWS in the waterfront area of south Mombasa and found with the pieces of rhino horn weighing 1.4kg. Investigators said at the time that the two accused were part of a group financing terrorism and dealing in narcotics.
Court Updates
Presiding Magistrate: Hon. Martha Mutuku – Chief Magistrate
State Counsel: Alex Kituma
Defence Counsel:
ACCUSED:
- Ali Omar Hajji
- Said Alfani Mwinyi
CHARGED:
- Being in possession of a wildlife trophy contrary to Section 95 as read with Section 92 of the WMCA (2013) to wit: on the 27th December 2015, at Mama Ngina Drive area of Mombasa County in possession one rhino horn weighing 1.406 kg with a street value of ksh 3 million without a permit.
- Dealing in a wildlife trophy contrary to Section 84 as read with Section 92 of the WMCA (2013) to wit: on the 27th December 2015, at Mama Ngina Drive area of Mombasa County were found dealing with one rhino horn weighing 1.406 kg with a street value of ksh 3 million without a permit.
Previous Magistrates:
- Hon. Edna Nyaloti – Chief Magistrate
- Hon. Diane Mochache – Magistrate
April 14th, 2023 (Submissions): The defence has submitted their arguments in writing. Prosecution to rely on the evidence as it stands. Judgement set for June 13th, 2023.
March 29th, 2023 (Submissions): Today CM Mutuku in court 1 was not sitting. All cases were adjourned. This case will next be heard on April 14th to confirm completion of submissions by the state and defence counsel.
March 10th, 2023 (Submissions): Defence counsel requested two more weeks as his submissions were not complete. Adjourned to March 29th.
February 14th, 2023 (Defence Hearing): Both accused testified as did two other witnesses on their behalf. The common theme to the evidence was that the rhino horn was found on a construction site where the accused were working (the day after Christmas) and the day before the actual arrest. Both did not deny that they were found together with the rhino horn but they contradicted themselves as to who actually had it. They stated that it was to be given to a witch doctor for the purposes of witchcraft.
Much of this came out through the skilful cross examination of prosecutor Alex Kituma. The testimony of the two other defence witnesses was again contradictory and by all appearances was coached.
The defence closed their case, written submissions to the court by March 10th, 2023.
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January 24th, 2023 (Defence Hearing): Adjournment requested by defence as their two witnesses could not make it.
November 15th, 2022 (Mention): Defence hearing date set for January 24th.
October 25th, 2022 (Defence Hearing): The court was not sitting. Adjourned to November 15th for mention to set a new hearing date.
July 29th, 2022 (Mention): This was a mention to set a defence hearing date, now set for October 25th.
July 22nd, 2022 (Defence Hearing): Hearing (and all other cases) adjourned due to a team building activity within the courts. Both accused appeared and were given a new mention date by the court assistant.
May 13th, 2022 (Defence Hearing): Hearing adjourned on request of the prosecution as KWS had only the skeleton file on hand that was missing some required documents. Defence stated that they were ready to proceed. July 22nd set for new trial date.
Two arrested with rhino horns in Kenya’s Mombasa
December 28th, 2015: Kenyan police on Monday arrested two suspects and recovered rhino horns in the coastal city of Mombasa.
The two, Omar Hajji and Said Alfani Mwinyi, were found with wildlife trophies weighing 1,406 kg in the Mama Ngina area.
The Kenya Wildlife Service(KWS)’s lead investigator Gideon Kebati said the two would be charged for being in possession of rhino horns, contrary to the country’s Wildlife Act.
“We suspect it’s a wide cartel of professional poachers hired by ivory kingpins,” Kebati said.
The horn samples have been taken to KWS laboratory for forensic analyzing to determine its origin.
Kebati said the authorities were also investigating if the proceeds from the wildlife trophies could be funding criminal and terrorism activities in the country.
According to the official, cases of poaching in Kenya’s coastal region have dropped by almost 95 percent.
Speaking to Xinhua, Kebati attributed the drop to heightened measures and the arrest of two major ivory kingpins in 2014 and 2015.
“We have set up anti-poaching measures at our national parks and sanctuaries to ensure that the cases are reduced, we also appeal for more public support,” he said.
A multi-agency team comprising Kenya’s port authority KPA, Kennya Revenue Authority and police had also played a major role in preventing smuggling of ivory through the port, he added.
Suspects in rhino horn case linked to terrorism
January 12th, 2016: Two men accused of being in possession of rhino horns worth Sh3 million have been linked to drug trade and terrorism.
The two, Ali Omar Haji and Said Alfani Mwinyi, were on Monday before the Mombasa Court linked in financing terrorism and dealing in narcotics.
State Prosecutor Jami Yamina told the court that information retrieved from the accused’s mobile phones shows that the two had been financing terrorism and dealing in narcotics.
“The intelligence we have received from detectives who extracted information from the accused’s phones indicated that the respondents are connected to the narcotic trade and financing of terrorism,” said Yamina.
The two accused persons have denied being found with rhino horns weighing 1.406 kilogrammes on 27 December last year when they were arrested on Mama Ngina Drive in Mombasa County.
They applied to be released on bail but the prosecution opposed the application, saying investigations were on course and the suspects are a flight risk and may cause danger to the public.
Prosecutor Yamina further said that the new information needs to be analyse by the Anti-Narcotics Unit and Anti-Terrorism Police Unit.
Mombasa Principal Magistrate Diana Mochache ordered the prosecution to file the affidavit during the next case hearing and the accused to be detained.
The case will be heard on January 14.
