Today’s Court Update
#14. March 19th, 2024 (Mention): No change. The accused absent and warrant of arrest is outstanding. No future dates given.
SEEJ-AFRICA THUMBNAIL:
Yesterday, May 24th, a joint forces operation arrested Alfred Gathecha while he was transporting 23 tusks weighing reportedly 113.75 kg in a Nissan van. The arrest took place in the Mahiga area, Laikipia County. Gathecha was arraigned the next day before the law courts of Jomo Kenyatta International Airport where he pled not guilty. He has been remanded in custody.
Presiding Magistrate and Court: Hon. Njeri Thuku – Senior Principal Magistrate Court 1 | |
State Counsel: Rono | Advocates for the Accused: Namunde 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
#13. February 13th, 2024 (Mention): The accused was absent, as was his lawyer and the investigating officer. Matter to be mentioned again on March 19th. Arrest warrant still in effect.
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#12. January 31st, 2024 (Hearing):
by E. Gutu
In an interesting turn of events today at JKIA Court Room 1, Alfred Gatheca, the accused in case E034/23, failed to appear for his scheduled hearing on charges of dealing in wildlife trophy. The presiding magistrate, Hon. Njeri Thuku, expressed concern as Gatheca was also absent for the previous court date on December 7, 2023.
Mr. Gatheca, who is currently out on bond, was expected to present himself before the court for the hearing. However, as he had also missed a December 7th court date, the court today issued a warrant for his arrest.
The court proceedings will now resume on February 13, 2024, where further directions on the case will be provided. The court will reconvene to address the situation and determine the appropriate course of action moving forward.
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#11. December 7th, 2023 (Mention): DNA –
Today the court set a hearing date for January 31st, 2024.
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#10. November 28th, 2023 (Mention): Today’s mention and ruling did not happen as the court was not sitting. As per a posted notice, the Hon. Thuku was away on official duties. The accused’s advocate, Mr. Namunde was also absent. The Hon. Kitagwa presided on all matters and a new mention date was set for December 7th.
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#9. November 21st, 2023 (Ruling): Today’s ruling did not take place. The accused’s lawyer, Mr. Namunde, was unavailable as he was undergoing a medical procedure. Hon. Thuku expressed dissatisfaction over the absence of defence counsel and recounted for the accused that the application before her was to recall four prosecution witnesses. She underscored the importance of legal representation during such crucial stages of the trial, emphasizing the need for a fair and just process.
The Magistrate adjourned the case to November 28th, providing an opportunity for the defense lawyer to be present for the ruling and to set a date for the submission of arguments. The judge made it clear that she expected the legal representative to be present on the next court date. The accused was remanded back to Industrial Area Prison.
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#8. October 23rd, 2023 (Hearing): Today’s hearing proceeded with two witnesses. The first witness was the owner of the van in which the ivory had been found. He informed the court that on May 24, 2023, he received a call from the Rimuruti Police Station notifying him that his vehicle had been intercepted while carrying illicit ivory. Authorities requested that he report to the police station to provide a statement. The witness continued that he had indeed sold the van to Alfred Gatheca but retained possession of the logbook because Gatheca had not paid for the vehicle in full. To substantiate his claim, Wachira presented a written agreement between himself and Gatheca, which stated that he would surrender the logbook once Gatheca had made the last payment. After giving his statement to the police, Wachira told the court the police told him he was free to go.
The second witness was Corporal Njorge, the Investigating Officer (IO). He narrated how on May 24, 2023, he received instructions from his supervisor to assemble a team and head to Laikipia, where a van was suspected of transporting wildlife trophies. His team assisted of Rumuruti DCI officers. Njoroge testified that around 6 am in the Mahiga, Laikipia, area, they intercepted a van bearing license plate number KCC 591B and identified themselves as officers. The driver, who identified himself as Alfred Gatheca, was the sole occupant of the vehicle. A subsequent inspection of the van revealed concealed elephant tusks. Gatheca confirmed that he owned the van, which led to his arrest.
The suspect was taken to the Rimuruti Police Station, where a thorough inspection of the van unveiled numerous pieces of ivory. An inventory was taken, and photos of the seized ivory taken. Gatheca also provided a statement and signed both the statement and the inventory. Subsequently, he was transferred to Muthaiga Police Station, booked, and later remanded. Gatheca was brought before the JKIA Law Courts on May 25, where he was formally charged with dealing in wildlife trophies.The total weight of the seized ivory was determined to be 110 kilograms.
Gatheca’s lawyer, Enock Namunde, acting in place of his initial lawyer, Victor Obuli, made two applications during proceedings. First, he requested the defense be allowed to recall the four witnesses who had already testified. The prosecution opposed this application, citing the defense’s earlier statement that they had no questions for these witnesses during their initial testimony. The magistrate noted this discrepancy and promised to consider the matter and give her ruling at a later date. The second application involved a bail request. Namunde had a surety for the accused present in court, but the court had not yet received the necessary verified documents. Currently the bail is set at 2M Kenya Shillings and the accused remains in custody.
The matter was adjourned to November 21st for a ruling on the applications.
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#7.September 21st, 2023 (Hearing): The scheduled hearing did not take place. The accused and two counsel were present but the prosecution witness who was scheduled to testify was absent. The IO told the court that he had been unable to get in contact with the witness. The matter was adjourned to October 23rd.
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#6. September 6th, 2023 (Hearing): The scheduled hearing did not occur. The accused was present with no advocate. He told the court that he had not spoken to his advocate. The likelihood is that he is no longer represented by Victor Obuli. The accused also said that he is unwell. The court advised him that they would request he be taken to hospital.
The court instructed the accused that the case (hearing) would continue on September 21st whether he had representation or not. Adjourned.
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#5, 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.
The prosecution was ready to proceed with two witnesses, including one from Nakuru. The ivory exhibits and vehicle from which they were seized were present.
The matter is adjourned to September 6th for hearing.
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#4. 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.
Corporal Ibrahim Esani (PW 2): On 24th May 2023, he received a call from his superiors and was instructed to go to Rumuruti and document exhibit that were seized. He stated that he met with Isaac Njoroge, who showed him the items to photograph. He photographed 79 items including the four gunny bags, the ivory in each and the weigh scales that were used. The cumulative weight of the ivory was per his testimony was 114.oo kg.
Veronica Ondso National Museum of Kenya (PW3): She has worked for the Museum of Kenya for 15 years as conservation researcher.
She received instructions to identify which animal the 23 exhibits came from. She identified that 20 tusks were paired and representing 13 elephants killed. She confirmed that the exhibits were elephant ivory.
Corporal Anthony Mbau – KWS (PW4) : On 26th May 2023, DCI PC Njoroge brought elephant tusks to the KWS HQ to have them weighed. Cpl. Mbau stated that he was charge of exhibits at KWS-HQ. He weighed the 23 pieces of ivory in the presence of Inspector Josephine Korir and found to total 110.5 kg.
At the conclusion of testimony, SPM Thuku called back Sgt. Evans and applauded him for a job well done regarding the organised documentation on the neatly presented and labeled exhibits.
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#3. 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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#2. 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.
The matter will be mentioned next week on 12 June 2023 for the presentation to court of the pre- bail report which was unfortunately not presented today because the probation officer did not attend.
In the meantime the case is set to be heard on 10th July 2023 .
The prosecutor made an oral application to amend the charges sheet. The prosecutor stated after proper weighing of the seized tusks the new weight is 110.5 kgs and the street value now being Kshs. 11,050,000.
Thereafter, the charges were read afresh to the accused persons and he pleaded not guilty. This was after the court sought the assistance of one of the prison/police officers in court to assist in translation to Kikuyu language because a court translator was not available at that moment.
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#1. May 25th, 2023 (Plea): Plea of not guilty entered. Prosecution ready for pre – trial. Documents will be served to accused in five days. Accused requested for bond. Court held accused to be remanded. Next date is 5th June.
Man in possession of 110Kg of elephant tusks arrested in Laikipia
By Schmitz Njenga
May 25th, 2023: A man was on Wednesday arrested after he was found to be in possession of elephant tusks weighing over 110 kilograms in Laikipia County.
The suspect identified as Alfred Gathecha was apprehended after the vehicle he used to transport the tusks was impounded by police at the Sipili area in Kirima Sub-County.
The 47-year-old, who was posing as a businessman, was cornered after detectives received a tip-off and lured the suspect into their trap.
“Posing as well-oiled businessmen who rule the underworld, the sleuths lured the suspect before tightening the noose around him, shortly before 1 pm yesterday,” read a statement from the Directorate of Criminal Investigations.
The suspect is to be arraigned in court to answer to charges of dealing in endangered wildlife species contrary to section 92(2) of the wildlife conservation and management act of 2013.
Elephant tusks are extremely valuable on the black market due to the continued growth of market demand for ivory in the East, particularly in Africa.
How DCI officers posed as tycoons to trap Laikipia businessman Alfred Gathecha
by Denis Mwangi
May 25, 2023 9:57 AM
While pretending to be influential tycoons in the underword, the investigators cunningly lured the suspect into their trap.
The Directorate of Criminal Investigations (DCI) announced the recovery of over 110 kilograms of elephant tusks in Laikipia County.
The operation, carried out by a team of detectives from the Serious Crimes Unit, also resulted in the apprehension of the notorious ivory trafficker, Alfred Gathecha.
The arrest took place in the Sipili area of Kirima Sub-County, where Gathecha was intercepted while transporting the valuable tusks.
Under the guise of wealthy underworld figures, the investigators cunningly lured the suspect into their trap, effectively bringing an end to his illicit activities.
The operation was executed shortly before 1:00 pm on Wednesday, May 24.
Gathecha, the 47-year-old suspect, now faces charges of dealing in endangered wildlife species.
According to section 92 (2) of the Wildlife Conservation and Management Act of 2013, the offence carries severe penalties upon conviction.
The illegal trade of elephant tusks has become an alarming issue worldwide, driven by the rising demand for ivory, particularly in the East.
African elephants, among the most affected species, face immense threats due to poaching.
The recovered tusks, weighing over 110 kilograms, would have fetched a significant amount of money in the black market.
The soaring demand for ivory continues to fuel this illicit trade, posing a grave danger to the survival of African elephants.
