Today’s Court Update
#26. August 29th, 2024 (Mention): The court set another mention date of October 3rd, 2024. We are still waiting for the court to set a ruling date as to whether the accused has a case to answer.
SEEJ-AFRICA THUMBNAIL:
- July 17th, 2021, one man was arrested by the Kenya Wildlife Service in the Kinango Sub-county area of Kwale county, and found with 101 kg of elephant tusks.
- There were 8 tusk pieces found wrapped in two green and two white nylon bags and tied with two sisal ropes.
- The accused, Haffex Sharif Kenga, was arraigned in Mariakani court on July 19th for Dealing in Wildlife Trophies and appeared on August 2nd for a pre-trial report.
- This is believed to be the largest seizure in Kenya since July 30th, 2019, when 182 kg of ivory was found with two men in the Rabai area, south of Mariakani. They have since been found guilty and are serving a 7 year jail sentence..
Presiding Magistrate and Court: Hon. M.S. Kimani – Principal Magistrate Hon. Nelly Chepchirchir – Senior Resident Magistrate Hon. Stephen Ndii – Principal Magistrate | |
State Counsel: A. Fuchaka | Advocates for the Accused: |
Accused: Haffex Sharif Kenga | |
Charges:
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Date of Arrest: 2021-07-17 | Date of Arraignment: 2021-07-19 |
Location of Arrest: Kitesi area, Kinango, Kwale area | Contraband Seized: 101 kg (6 pieces) |
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PROCEEDINGS
#21. February 29th, 2024 (Mention): This was a date to check on filing of submissions. It is assumed that submissions were not yet complete and another mention date given of April 25th. (SEEJ-AFRICA not in attendance)
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#20. January 25th, 2024 (Hearing): Today was the cross examination of two previous KWS witnesses. It was conducted by a lawyer now representing the accused, Mr. Kyseo. It began at approximately 12:50 hrs. The ivory exhibits were present in court.
The first witness was a KWS Intelligence officer from Mombasa.
Defence Counsel (D/C): Where did the intelligence come from?
JR: The source cannot be revealed
D/C: What law prevents you from giving the court that information?
JR: I don’t know
D/C: Are you aware of the witness protection act?
JR: No
D/C: I believe your intelligence was a lie.
D/C: How many were you?
JR: There were four, two rangers and one driver and myself.
D/C: Where was the first stop?
JR: Mombasa
D/C: And where was the arrest?
JR: We arrested the suspect at Kitesi, it’s between Samburu and Taro
D/C: Was the accused alone?
JR: He was in the company of another.
D/C: Your intelligence said the accused was in the business of ivory?
JR: Yes
D/C: ?
JR: I identified myself as the buyer, and he introduced himself as Sherif Kenga and showed me the consignment.
D/C: What was the consignment wrapped in?
JR: Four sacks
D/C: What colour were they?
JR: 2 green, 2 white
D/C: Are the sacks before the court?
JR: No, but there are photos in the file.
D/C: Who took the photos?
JR: Chuma
D/C: Does the face of the accused appear in any of the photos?
JR: No
D/C: Based on the photos, was the accused involved?
JR: No
D/C: What did you find in the sacks?
JR: 8 complete elephant tusks?
D/C: I presume you are not an expert?
JR: No
D/C: Can you be sure they were elephant ivory?
JR: Yes, I was sure
D/C: Why do you require an expert report?
JR: (not heard)
D/C: Was there a motorcycle?
JR: (not heard)
D/C: What happened to the other person?
JR: He escaped
D/C: What was he (escapee) doing?
JR: Not heard
D/C: Not heard
JR: Accused said the other person was a colleague.
D/C: The term ‘colleague’ indicates working together, is that word in your statement?
JR: ‘colleague’ not in statement as read, but accused had said they were working together (physically checked statement)
D/C: What time was the arrest?
JR: 20:50 hrs
D/C: Was it dark?
JR: Yes
D/C: How could you identify the person.
JR: I was using a mobile flashlight, for light and as a signal.
D/C: The flashlight was for both?
JR: For both, I could see the accused.
D/C: Did your colleagues witness?
JR: Yes
D/C: Could you describe the other person?
JR: No, but it was the accused that led me to the consignment.
D/C: Were documents prepared at the scene?
JR: Initially responded yes, but then said no, as it was dark. It was done at Taru station.
D/C: Stated that something was not in the statement and JR agreed.
D/C: I put it to you that the tusks were produced at the station to frame the accused.
D/C: Were they dusted?
JR: No
D/C: Fingerprints would show that the accused handled the tusks, wouldn’t they?
13:15 Second KWS witness
D/C: Did you take the photos?
HC: Yes
D/C: Were you at the scene?
HC: No
D/C: Where were the photos taken?
HC: Taru
D/C: When were they taken?
HC: the 18th, (the time was unintelligible)
D/C: Are you qualified to take photographs?
HC: Yes, gazetted on Januray 30th, 2019.
D/C: Did you prepare the exhibit memo?
HC: Yes, on the same day.
D/C: What device did you use to take the photos?
HC: My phone, a Tecno Spark 7
D/C: How can you confirm there was no tampering with the photos?
HC: (unintelligible)
D/C: How do you confirm that your phone took the photos?
HC: It is in my statement.
D/C: Can you show the court they came from your phone?
HC: I can.
D/C: I put it to you that the photos in the file and on your phone are not one in the same.
13:22 – Cross examination concluded.
February 29th is the mention date set for filing submissions.
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#19.December 4th, 2023. (Hearing): Communication was received at 1230 hrs that the magistrate had been involved in a motor vehicle accident on her way to the court. As such the court did not sit. The KWS officers nor the exhibits were present in court.
The hearing has been adjourned to January 25th, 2024.
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#18. October 18th, 2023 (Mention): With the transfer of Hon. Chepchirchir, this matter has now been assigned to Principal Magistrate P.M. Kimani. Today, the court allowed the application of defence counsel to recall KWS witnesses. That hearing will occur on December 4th.
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#17. September 6th, 2023 (Hearing): Court 1 was not sitting as the honourable magistrate was attending an official meeting. Adjourned for a mention date, October 18th, to set a date for the next hearing.
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#16. July 12th, 2023 (Hearing): Did not attend due to country wide protests. Later advised that next hearing date is September 6th, 2023.
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#15. May 17th, 2023 (Hearing): The hearing continued today, now before SRM Chepchirchir. The KWS veterinary officer confirmed for the court that the tusks were elephant ivory and likely from males. The second officer to testify was based at the Taru Police station and recounted the KWS officers arrival at that station on July 17th, 2021 with Haffex Kenga in their custody. The hearing will continue on July 12th, 2023.
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#14. January 30th, 2023 (Hearing): The court was not sitting today as the PM Ngii has been transferred. Adjourned to May 17th.
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#15. November 29th, 2022 (Hearing): Magistrate ruled against adjournment with or without accused’s lawyer as the last hearing date was taken with the consent of both parties who were in court.
Court heard testimony of KWS Jamal Rashid and KWS Hamisi Chuma. KWS received information on 2 male suspects selling ivory. The team of officers were led to the area where a ‘buy’ was set to occur.
At around 8 pm the two suspects came to the car where a price was negotiated from ksh 10,000 to ksh 8,000 per kg. It was at that particular time when officers in hiding were signalled and came and arrested the suspect. One suspect escaped.
The court was also presented with scene of the crime photographic evidence, including the pictures of the seized tusks.
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#9. July 19th, 2022 (Hearing): Testimony was heard today from three KWS officers.
The first told the court that his boss informed them that he had received intelligence information that someone within Taru was looking for an ivory buyer. They left Mombasa to go to the ‘meet’ where the interested buyer was supposed to be. On arrival, two officers got out of the car and kept a distance where they could watch the transaction. He could observe the suspects come from a nearby bush and start to talk to his boss. Immediately his boss signaled to confirm the suspects had ivory packed in two sacks. The suspect was arrested and taken to the Taru police station.
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#8. April 19th, 2022 (Hearing): The hearing did not take place as the accused had to attend a family burial. Matter adjourned to July 19th.
#7. February 8th, 2022 (Mention):
#6. December 28th, 2021 (Mention):
#5. December 27th, 2021 (Hearing):
#4. September 9th, 2021 (Mention):
#3. August 13th, 2021 (Mention):
#2. August 2nd, 2021 (Pre-trial Hearing):
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#1. July 19th, 2021 (Plea): The accused was arraigned before Principle Magistrate Stephen Kalai Ngii and pleaded not guilty.
