Today’s Court Update
September 5th, 2023 (Hearing): Today the court heard the testimony of Sgt. Paul Maina of KWS who was one of the officers involved in the arrest and seizure. He recounted how their team was acting on intelligence received that two men in the Kinango county area were looking to sell ivory. They would be ferrying on a Blue TVS motorcycle.
In the mid-afternoon, they setup an ambush position in the Busa area (borders Taita Taveta county) on a road with a sharp bend. They observed the motorcycle with two sacks tied on the back and as they moved to apprehend the suspects, the motorbike was dropped. The KWS team moved in and arrested the two accused. 91 kg of ivory was found in the sacks.
The testimony was characterized by lengthy cross examination by the two unrepresented accused, with many questions either irrelevant or for the purpose of obtaining information relating to the intelligence received by KWS.
Sgt, Maina was on the stand for close to two hours even though his own testimony barely lasted 20 minutes.
Magistrate Lewa had to depart for a meeting so today’s trial concluded with the testimony of Sgt. Maina. The trial will continue on September 29th.
SEEJ-AFRICA THUMBNAIL:
- On February 5th, 2022, KWS officers arrested two men who were ferrying 91 kg of ivory on a motorcycle.
- The ivory was in 26 pieces and contained in two sisal bags.
- The location of the arrest was in close proximity to Shimba Hills National Reserve. The elephant numbers in the park have been quietly depleting in recent years.
- There have been at least 10 ivory seizures with arrests within the Shimba Hills area in the last 5 years.
Presiding Magistrate and Court: Hon. Lillian Lewa – Principal Magistrate Court 1 | |
State Counsel: | Accused Advocate: |
Accused: James Malembi Mwatsahu Juma Mwanza Haranga | |
Charges:
| |
Date of Arrest: 2022-02-05 | Date of Arraignment: 2022-02-07 |
Location of Arrest: Busa area, Kinango sub-county | Contraband Seized: 91 kg (26 pcs) |
Court Updates
July 18th, 2023 (Hearing): Court not sitting.
***********************************************
May 15th, 2023 (Hearing):
The court heard from Prosecution Witness 3 (PW3) who was one of the arresting officers from KWS. He was part of the KWS arrest team and corroborated the previous evidence of his colleague in convincing fashion.
The evidence (26 pieces of ivory weighing 91 kg) was again brought to court and displayed for the court to see.
The accused Mwatsahu (unrepresented) again cross examined the KWS officer with many of the same irrelevant questions heard in the past December hearing. The KWS officer, to his credit, did not get drawn into debate on such topics as weight limits of the TVS motorbike or seizing gravel for possible paint samples (from the motorbike). He simply reminded the accused that he was charged with possession of ivory and he was arrested while transporting ivory on his motorbike.
The next hearing is scheduled for July 18th, 2023.
*******************************************
February 27th, 2023 (Hearing): PM Lewa was not sitting so all 35 listed cases were adjourned to future dates. This case will next be heard on May 15th for continued hearing. Both accused are in custody on remand.
***********************************************
January 20th, 2023 (Hearing): The sitting magistrate was on training and there was no court. This hearing has been adjourned to February 27th, 2023.
***********************************************
December 13th, 2022 (Hearing): The court heard from Prosecution Witness 2 (PW2) who was one of the arresting officers from KWS. He testified that KWS set up an arrest team and surveillance team after receiving intelligence on a buyer receiving ivory in the Busa area.
Based on intelligence, the began surveillance on the two persons transporting the ivory. While enroute an while under surveillance, the motorcycle toppled to the ground and the arrests were made. The ivory was found in one sisal bag an comprised 26 tusk pieces. The ivory exhibits were brought into court.
The KWS officer testified in Kiswahili and was cross examined by Mwatsahu (unrepresented) in English. His cross examination took approximately 1 hour and 20 minutes with most questions to be considered irrelevant.
A second KWS witness was scheduled to testify but due to the length of time taken with the first witness, (2 hours and 20 minutes), the hearing was adjourned to January 20th.
***********************************************
October 3rd, 2022 (Hearing): The court heard from Prosecution Witness 1 (PW1) who was one of the arresting officers from KWS. SEEJ was unable to attend.
******************************************
September 14th, 2022: SEEJ became of this prosecution that was now seven months old. Both accused are still in custody.
******************************************
February 7th, 2022: The two accused were arraigned in Kwale court for dealing in wildlife trophies contrary to Sec 92(4) as read with Sec 105.
