Presiding Magistrate and Court: Hon. Njeri Thuku – Senior Principal Magistrate | |
State Counsel: Rono | Advocates for the Accused: Victor Obuli |
Accused: Alfred Mbugua Gathecha | |
Charges:
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Date of Arrest: 2023-05-24 | Date of Arraignment: 2023-05-25 |
Location of Arrest: Mahiga area, Lakipia | Contraband Seized: 110.5 kg (amended from 113.75 kg) |
PROCEEDINGS
August 22nd, 2023 (Hearing): The scheduled hearing did not take place. The accused was present but his advocate was not. The accused, still in custody, told the court that he did not know why.
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July 10th, 2023 (Hearing): The hearing commenced despite the absence of defence counsel, Mr. Obuli, was reportedly down with the flu. Mr. Namude was holding brief and requested an adjournment which was uncommonly not granted. Mr Namude also requested a reduction in bond terms which was also not granted.
The next hearing date was set for August 22nd, 2023 when the prosecution will present their last two witnesses.
An overview of testimony from four witnesses is as follows:
DCI Sgt. Gitonga Evans (PW1): On 24th May 2023, himself and his colleagues were dispatched to Sipili, Laikipia West-sub-county with instructions to stop and search motor vehicle registration KCC 951B.
They did manage to stop the said motor vehicle which was driven by the accused, who after been asked, informed them that he was carrying tomatoes and that he was heading to the market. Upon inspection they stumbled upon wildlife trophies namely elephant tusks in gunny bags.
The accused was arrested and taken to DCI-Rumuruti whereby the elephant tusks were counted and found to 23 pieces of varying sizes.
SPM Thuku proceeded outside the court to view the seized tusks arranged on the ground beside the seized motor vehicle. The tusks were counted by Sgt. Gitonga for the court (23 pieces of varying size) and were duly marked for identification. Sgt. Gitonga produced them together with the inventory and the gunny bags as evidence before court.
June 12th, 2023 (Mention – Pre-Trial): Today was a continuation of pre-trial. Mr. Victor Obuli, came on record for the first time as defence counsel. Obuli confirmed to the court that he had received all required documentation from the prosecution. He did make a request for the court to review bond terms.
The accused is described as a 50 year old father of three who is a self employed farmer who tills 3 acres of land. The probation officer recommended a review of bond terms down from 10 million to 5 million.
SPM Thuku further reduced the bond terms to to Kshs. 2,000,000 + 1 surety of a similar amount + 2 contact persons who are either 2 blood relatives or a spouse plus a blood relative.
Adjourned to July 10th for hearing.
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June 5th, 2023 (Mention – Pre-Trial): The court granted the accused bond of 10 million+ 1 surety of similar amount+ 2 contact persons who must be blood relatives.
Man in possession of 110Kg of elephant tusks arrested in Laikipia
