June 28th, 2023 (Mention): Did not attend due to rioting in Nairobi. (now known that next hearing date scheduled for September 25th. This prosecution is now six years old.
AP Policeman and Retired Policeman Amongst Three Charged with 25 kg of Ivory
SEEJ-AFRICA THUMBNAIL:
- On 12th September, 2017, KWS officers received an intelligence report of 3 men looking for a buyer of ivory. They were given the contacts of the retired police officer Charles Mwema.
- Over the next 6 days, a KWS officer posing as a buyer, made communications with Mwema over the sale/purchase of ivory.
- On September 18th, a meeting was set up at the Nairobi West shopping mall and KWS found the 3 accused sitting in a Nissan car with the ivory in a bag in the rear seat. Nashon Mochere, an AP policeman who was considered a recent ‘deserter’, was seated beside the ivory.
- In March 2013, the accused Charles Mwema had been charged and later convicted of being in possession of 2.5 kg of hippo tusks.
Court Updates
Hon. Derrick K. Kuto – Senior Principal Magistrate Court 5
May 17th, 2023 (Hearing): The scheduled hearing did not take place as Senior Resident Magistrate D. Kuto had been transferred and his replacement had not arrived. The case was set over to June 28th, 2023 by SRM Riany (normally in court 9) for a mention to set the next hearing date.
March 16th, 2023 (Hearing): All accused present, one KWS to testify who made the “buy” from the second accused. She provided the number that was used to communicate with him and described the arrest of the 3 men, the vehicle they were using and presented the 5 tusks in court. The hearing will continue on May 17th, 2023.
February 8th, 2023 (Hearing): The court was not sitting. This hearing has been adjourned to March 16th, 2023.
November 16th, 2022 (Hearing): The matter was adjourned because one of the defence counsel had another upcoming matter in a different court.
August 25th, 2022 (Hearing): All accused present. The Investigating officer apparently did not have the information that the court required so case adjourned to November 16.
July 4th, 2022 (Hearing): The prosecution thought the court was not sitting so was not prepared. Adjournment requested, next hearing set for August 25th, 2022.
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May 17th, 2022 (Hearing): One KWS witness testified relating to the circumstances of the arrest:
“The vehicle had a driver and a front occupant and 1 on the back seat. They were ordered to open the door and the officers introduced themselves. There was a sack at the rear seat… they were demanded to open the sack. Inside there was a carton inside with a cloth which had wrapped the tusks of id number.. non of the accused had any. They were reported at langata for more interview n search. During questioning, One of the occupants was a police officer( Nashon 248839).”
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March 14th, 2022 (Hearing): No magistrate or prosecutor. Adjourned to May 17th.
December 9th, 2021 (Hearing): Hon. D. Kuto PM Court 5 – Set for hearing but no Magistrate (on official business) attended or any of the accused. Next hearing date of March 14th set by court assistant. Court is going on Christmas holidays tomorrow.
August 23rd, 2021 (Hearing):
June 25th, 2021 (Hearing): Hon. Derrick K. Kuto, Court 5 – hearing adjourned as trial magistrate on training at Kenya School of Government. Next hearing date August 23rd.
May 25th, 2020 (Hearing):
Feb 20th, 2020 (Hearing):
October 24th, 2019 (Hearing):
September 26th, 2019 (Hearing): Adjourned to October 24th.
Feb 20th, 2020 (Hearing):
March 7th, 2019 (Hearing):
March 29th, 2018 (Hearing):
December 13th, 2017 (Hearing):
Hearing for the application for the release of the motor vehicle. A#2 advocate was not present in court and so, another date was set for 29thMarch 2018. A#1 gave instructions to a new advocate and he could not proceed as he had to peruse the file.
November 7th, 2017 (Hearing):
The owner of the vehicle in possession of the accused person made an application in court for its release. IO and WildlifeDirect filed their grounds of opposition for the release of the motor vehicle. The court gave a date for hearing of the application for 13th December 2017.
October 4th, 2017 (Mention):
The matter was set to confirm status of investigations by the investigating officer. The investigating officer (IO) gave with documents that showed that the 2ndaccused person had previously been charged with a wildlife offence. The accused’s advocate stated that past mistakes of the accused person should not determine the amount of bail and/or bail to be awarded by the court. IO also stated his fears that the accused persons were taking advantage of their position in the police force to orchestrate the offences. The court took note of the facts but ahead awarded the accused 1 million bond.
September 20th, 2017 (Plea):
Accused persons plead not guilty for all counts and applied for reasonable bail. The investigating officer filed an affidavit opposing bail.
The investigating officer through the prosecutor stated in court that the 1stand 2ndAccused were using their positions as administration policemen to perpetrate the criminal activities. The court gave prosecution 2 weeks for further investigations as there was another accused was still at large. The investigation officer was also to interview the accused persons for purposes of verifying their fixed abode. Matter set for mention October 4th, court #5.
Nairobi Policeman, civilian arrested with 25 kilos of ivory valued at Sh1 million (Kenya)
Cyrus Ombati, The Standard
September 20, 2017
See link for video.
A policeman and two civilians were arrested as they tried to sell 25kg of ivory worth more than Sh1 million. Kenya Wildlife Service spokesman Ngugi Gachaga said the men had identified “a buyer” for five elephant tusks and approached him to sell the ivory to him.
“Through our intelligence, we were able to arrest them as they tried to sell off the ivory. They are under interrogation and will take plea soon,” he said.
Gachaga said they are yet to establish the source of the ivory and that the seizure reveals up to three elephants were slaughtered. He said the arrest indicates some state agents were involved in the crimes but vowed their crackdown will continue.
The three were locked up at the Langata Police Station ahead of their arraignment today where they face possession and trafficking of ivory charges.
This is the latest such arrest in the city. Last year, three other officers were arrested after they were found with similar ivory. Poaching in the region is on the rise.
