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Reading: E324/21 Mariakani – R. vs. Haffex Kenga 101 kg
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Seej Africa > Blog > 2021 > E324/21 Mariakani – R. vs. Haffex Kenga 101 kg
2021Active Case IndexWildlife Crime Courtroom Watch

E324/21 Mariakani – R. vs. Haffex Kenga 101 kg

SEEJ-AFRICA
Last updated: 2023/09/06 at 11:45 AM
SEEJ-AFRICA Published May 17, 2023
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101 kg of ivory displayed at Mariakani Court on May 17th, 2023 during the ongoing trial of Haffex Kenga. The ivory had been seized on July 17th, 2021, by a joint team of KWS/DCI in the Kinango area of Kwale County.

Today’s Court Update

 

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.

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. Nelly Chepchirchir  – Principal Magistrate Crt 1
 
State Counsel: 
A. Fuchaka
Advocates for the Accused: 
Accused: 
Haffex Sharif Kenga
Charges: 
  1. Dealing in wildlife trophy of endangered species contrary to section 92 (2 WCMA
 
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)

.

PROCEEDINGS

 
July 12th, 2023 (Hearing): Did not attend due to country wide protests. Later advised that next hearing date is September 6th, 2023.
 

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.

January 30th, 2023 (Hearing): The court was not sitting today as the PM Ngii has been transferred.  Adjourned to May 17th.
 
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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SEEJ-AFRICA September 6, 2023 May 17, 2023
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