2023Active Case IndexKenyaWildlife Crime Courtroom Watch

E024/23 Jomo Kenyatta IA – R. vs. Victor Owino Odour 10 kg ivory

SEEJ-AFRICA
SEEJ-AFRICA
Today’s Court Update
 
#17. June 24th, 2024 (Hearing): Today’s scheduled hearing did not take place.  
 
by E. Gutu

The scheduled hearing of case number E024/23, which was set to proceed today, did not take place due to the ill health of the accused, Mr. Oduor.

When Mr. Oduor was called to the dock, he informed the court that he had been unwell for the past few days and was not in a condition to proceed with the hearing. His statement prompted a brief exchange in the courtroom regarding the viability of continuing with the case proceedings.

The prosecution was prepared to proceed with their case, with their witness, PC Guyo Tacho, ready to testify. However, the prosecution did not object to the adjournment.

Hon. Kitagwa, presiding over the case, acknowledged the circumstances and agreed to reschedule the hearing. The new date for the hearing has been set for the 22nd of July.

Case Overview

On May 14th, 2023, the police found the accused in Makueni County in possession of four pieces of sawn elephant tusks weighing 10 kg.
Presiding Magistrate and Court:
 
Hon. Renee K. Kitagwa – Senior Resident Magistrate  Court 2
Hon. C.M. Njagi  – Principal Magistrate Court 2
State Counsel:
 
Advocates for the Accused:
  1. Omwenga or Muenga
  2. Mr. Githara
Accused:      
1. Victor Owino Odour
 
Charged: 
  1. Being in possession of an endangered wildlife  trophy  contrary to Section 92 (4) WCMA to wit: 4 pieces of sawn elephant tusks weighing approximately 10 kg with a street value of 1 1 million shillings and contained in a black back pack.
Date of Arrest:
2023-05-14
Date of Arraignment:
2023-05-15
Location of Arrest: 
Nzaui sub county, Makueni Cty
Contraband Seized:
10 kg (4 pieces)

Proceedings

 
#16. May 14th, 2024 (Hearing): Today’s scheduled hearing did not take place.  
 
by E. Gutu
The hearing of case number E024/23, set to take place in courtroom 2 at the JKIA Law Courts, was once again adjourned this morning. The court session, presided over by Hon. Kitagwa, began at 10:30 AM but proceedings for this case could not continue due to the absence of the two remaining prosecution witnesses.
 
The prosecution was scheduled to present testimonies from Police Constable G.H. and Corporal I.J. However, the court was informed that G.H. remains on leave, despite prior assurances by the prosecutor, Mr. Tago, that he would return to duty within two weeks from the previous hearing on April 22. Additionally, Corporal I.J. is reportedly currently undergoing training in the United States.
 
In light of these absences, Mr. Oduor, the accused, expressed no objection to the adjournment. Consequently, the court rescheduled the hearing to June 24.
 
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#15. April 22nd, 2024 (Hearing): Today’s scheduled hearing did not take place. Proceedings faced a delay as the session began at 11:00 am, a departure from the scheduled 9:30 am start time. Hon. Kitagwa expressed apologies for the inconvenience caused.
 
One of the prosecution’s remaining two witnesses was expected to testify, however, the court was notified by prosecutor, Mr. Tago, that the police witness was on official leave for two weeks and unavailable.  

Expressing regret over the absence of the winess, Mr. Tago requested an adjournment until the officer returns to duties. The accused, Mr. Oduor, who still has no legal representation, had no objection to the adjournment request.

In light of the circumstances and with both parties in agreement, Hon. Kitagwa granted the adjournment, rescheduling the hearing for the 14th of May.

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#14. February 28th, 2024 (Hearing): Today’s hearing did not take place. Hon. Renee Kitagwa was away today and tomorrow on unspecified official duties. Hon. Njeri Thuku in court 1 handled all court 2 matters and assigned another hearing date of April 22nd. The prosecution was ready to proceed with two witnesses and the accused was present in court.

by E. Gutu

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#13. January 24th, 2023 (Hearing):

by E. Gutu
In courtroom 1 of the JKIA Law Courts, proceedings for case number E024/23 continued today as Victor Oduor, the accused, appeared for a hearing before Hon. Renee Kitagwa. The case revolves around Oduor, who is charged with the possession of 4 pieces of cut elephant tusks weighing 10 kg.
 
The proceedings took place in courtroom 1, as the resident magistrate for court 1, Hon. Njeri Thuku is on unspecified official duties away from her courtroom until January 30th when her cases resume in courtroom 1.
 
The accused, Oduor, standing in the dock, was without legal representation. It was revealed that he had a fallout with his previous attorney, leading to a breakdown in communication. As of now, Oduor has not secured the services of another attorney.
 
The prosecution called two witnesses to the stand. The first witness, Dr. Ogeto Mwebi, a specialist in Research and Animal Remains Identification at the National Museums of Kenya, testified that on May 16, 2023, a KWS officer presented him with four cylindrical-shaped, hollow pieces that appeared to be ivory. After a thorough analysis, Dr. Mwebi confirmed the items as pieces of cut elephant tusks. He submitted a report of his findings on May 19, 2023. The report was presented in court as an exhibit, alongside the four pieces of ivory.
 
The second witness, was a DCI officer from the Serious Crimes Unit. He detailed an operation conducted on May 14, 2023, with other officers, apprehended a suspect in Emali, Makueni County, believed to be transporting illegal wildlife trophies. The suspect was found in possession of a black backpack containing a gunny sack, within which were four pieces of ivory. The suspect was initially taken to Emali Police Station where items were carefully inventoried and photographed by a DCI officer using his mobile phone, a Samsung S9.
 
Additionally, a Samsung M11 mobile phone was confiscated from the suspect. The suspect was later transported to Muthaiga Police Station where he was booked and remanded, waiting to be arraigned in court.
 
The suspect was taken to JKIA Law Courts on May 15, 2023, to face charges of illegal wildlife possession. Notably, Oduor informed the court that he had not been served with the inventory, a claim contested by the prosecution. Hon. Kitagwa instructed the prosecutor to provide all necessary documents to the accused.
 
The prosecution requested an adjournment to call the remaining three witnesses. Hon. Kitagwa granted the request, and the case was adjourned to February 28, 2024. 
 
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#12. November 14th, 2023 (Hearing): Today’s hearing went forward despite the accused’s protestations regarding his advocate’s absence. This has been a theme throughout this trial to date.
 
The first witness from Scene of Crime Investigations, testified that on May 30, 2023, she received an exhibit memo from the DCI Serious Crimes Unit. The memo included a DVD and a package containing elephant tusks. The witness verified that the contents of the package matched the recorded photos in the DVD and presented her findings in a detailed report to the court.
 
The second witness from KWS took the stand and testified that on May 14, 2023, he received an exhibit memo from DCI Special Crimes Unit. The memo included a package containing four pieces of elephant tusks. The witness following instructions, weighed the exhibits and found the total weight of the pieces to be 8.9kg. He then prepared a report on the May 15th outlining his findings, which he signed together with two DCI officers.
 
The four pieces of ivory, presented as evidence, were displayed in court during today’s proceedings. The accused, Victor Owino Oduor, did not have any questions for the two witnesses.  The prosecution informed the court of additional witnesses and requested more time to present them. The court scheduled the next hearing for January 24, 2024.
 
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#11. November 8th, 2023 (Hearing): Today’s hearing did not take place. As per posted notice, the presiding magistrate was away on unspecified official duties from the 8th to the 10th of November.
 
The accused told Hon. Thuku in court one that he was expecting his lawyer. The file was set aside, but the accused was unsuccessful in contacting counsel. Hon. Thuku scheduled the next hearing for the 14th of November. Mr. Oduor appealed to the court for an extension of the hearing date, expressing the significant distance he had to travel from Kisumu to attend court. He cited substantial transportation costs incurred, requesting an extension. This request was not granted. Matter adjourned to November 14th.
 
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#10. October 16th, 2023 (Mention): Today was a mention to set a hearing date. The accused was without his lawyer. The court set a hearing date of November 8th. The accused stated that he was still unwell and wished it to be delayed further. The prosecutor however opposed the extension of the hearing date claiming this has dragged on for too long. The magistrate agreed and maintained the initial date.
 

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#9. September 11th, 2023 (Ruling): On bond application was reduced to kes 1 million or kes 300,000 cash bail.  Adjourned to October 16th for mention. 

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#8. September 7th, 2023 (Hearing): Principal Magistrate Njagi is about to be transferred so this case was sent to court 1. Adjourned to September 11th for a ruling on bond issues. It is not yet clear if this case will revert to court 2 on the arrival of the new magistrate on September 25th.

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#7. September 4th, 2023 (Hearing):  Court 2 was not sitting so the case was adjourned by Court 1 for the matter to resume on Thursday Sep 7th.
 
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#6. August 4th, 2023 (Hearing): Today’s hearing did not take place as the accused was unwell. Adjourned to September 4th for the hearing to commence.
 
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#5. July 17th, 2023 (Hearing): The hearing was adjourned as the accused was unwell.
 
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#4. July 14th, 2023 (Mention): Hearing date set for July 17th. 
 

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#3. May 29th, 2023 (Mention): Defence requested a review of the bail/bond terms and the court refused, saying that they were sufficient. Adjourned to July 17th for hearing. The prosecutor affirmed all documents have been served to the defence except for the report from an expert based at the museum of Kenya, on the  authenticity of the ivory.

 
The prosecution will call 4 witnesses, 2 of whom are expert witnesses.
 
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#2. May 24th, 2023 (Mention): DNA
 
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#1. May 15th, 2023 (Plea):

The matter was coming up for a plea, reading of facts and pre – trial. The accused pleaded not guilty to the offence. The prosecution argued on having efficient bail and/ or bond terms. The accused is yet to receive statements and documentation. The pre – trial report is to be shared to accused and court before bail or bond is awarded.
 

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