Today’s Court Update
September 5th, 2023 (Hearing): Today’s hearing did not take place as the 3rd and 5th accused, Wesley Adweya and Rawling Innocent, were in custody in the Nairobi area for other offences and their release had not been obtained by counsel through the courts. Today’s prosecution witness, CI Inoti was present. The hearing has been adjourned to September 28th at 2:00pm.
In the last 20 months, there have been 14 scheduled hearing dates. Three hearings took place, each hearing one witness.
SEEJ-AFRICA THUMBNAIL
- On the evening of June 26th, 2017, officers from the Special Crimes Prevention Unit received information on a property in the Utawala Estate, Nairobi, where a quantity of ivory was located. Utawala Estate is located just north of Jomo Kenyatta International Airport.
- SCPU officers maintained surveillance on the property until the next morning when they conducted a search as two persons were about to leave.
- The resulting search found 217 kg of cut ivory, much of it already wrapped, along with scales, cutting equipment and packaging materials.
- Five men were arrested on the property and a pickup vehicle seized. Four of the five had with employment ties to Jomo Kenyatta Airport.
- A sixth male and the alleged ring leader, Abdinur Ibrahim Ali, was arrested a short time later off site. A seventh man, a Somali national and Mozambique resident, Ahmed Mohamud Salah alias Ahmed Mahabub Gedi, was arrested a few days later while attempting to flee Kenya at the Namanga border crossing.
- All seven appeared in court and were released on bail. The release of Ahmed Salah, with no Kenyan ties, a Somali national with residence and employment in Mozambique, arrested while fleeing the country with fraudulently obtained travel documents would be considered highly irregular. He has not been seen since release.
- Since the arrest, investigators have found that both Abdinoor Ibrahim Ali and Ahmed Mohamud Salah have connections to the West African ivory cartel based in Kampala.
#143 is a number assigned indicating this seizure has a link(s) to the West African cartel and its ivory was not DNA analysed.
COURT PROGRESS
Hon. S.O. Temu – Senior Principal Magistrate Court 2
Previously – Chief Magistrate Esther Boke
August 29th, 2023 (Hearing): The scheduled hearing with expected testimony from the IO, Chief Inspector Inoti, and the Safaricom Liaison Officer, did not occur as both were not present for reasons not specified. Chief Inspector Inoti had informed another Kibera court last week that he was no longer the seconded DCI officer to KWS and was now working in Uganda. He did, however, tell that court that he would make himself available for a trial on September 6th.
This matter, 1649/17, has been adjourned for hearing to September 5th. Advocates for the accused requested from Senior Principal Magistrate S.O. Temu that all remaining witnesses be produced on that date.
May 18th, 2023 (Mention): The new Magistrate for Kibera court 2 was today in attendance. Senior Principal Magistrate S.O. Temu has assigned June 13th and 14th and the next and hopefully, final hearing dates for the prosecution’s case. There are three witnesses to testify. To date, it seems that it has been a challenge for two of them to appear. Adjourned.
May 8th, 2023 (Hearing): Today was scheduled for a hearing from the last three prosecution witnesses. It did not happen. Chief Magistrate Boke was last week transferred to Bomet law courts and her replacement has not yet arrived in Kibera. Senior Principal Magistrate Charles Mwaniki set the case over to May 18th for ‘mention’ to set a new hearing date. Adjourned.
CM Boke had heard all witnesses to date. With a new magistrate taking over, the hand written notes of CM Boke will have to be typed and so delay the prosecution an extra number of months.
May 18th, 2023, is set for the next mention date.
March 21st, 2023 (Hearing): This hearing was not the close of the prosecutions’s case as instructed, as it did not take place. The ODPP advised that the witnesses had not been bonded to attend today and were not present. The court has allowed a LAST, LAST adjournment for May 8th with a spillover date of May 18th.
January 11th, 2023(Hearing): The scheduled hearing did not take place. Their prosecutor for court 5 was holding brief for four other courtrooms. Initially the hearing was set over for 2pm. At 2:40pm, the prosecutor came in and asked for an adjournment. All accused present and 1 witness. CM Boke has ordered that the prosecution is to finish its case on the next hearing date, March 21st. Adjourned
November 16th, 2022 (Hearing): The court heard testimony from the scenes of crime officer. Two other witnesses were not available. Hearing adjourned January 11th, 2023. That should finish the prosecution’s case.
October 24th, 2022(Hearing): Today’s scheduled hearing did not take place with two defence advocates absent. CM Boke requested advocates to agree on a date amongst them after November 16th. Adjourned.
September 21st, 2022 (Hearing): Chief Magistrate Mwangi is handling courts 1, 2, 6, and 9. Court 2 was not sitting. All accused present with counsel. Adjourned to Oct 24th.
July 6th, 2022 (Hearing): One of the defence advocates was missing documents. Adjourned for hearing to Sept 21.
April 12th, 2022 (Hearing): Advocate for Abdinur Ibrahim Ali was a no show and it is reported that the first accused, Julius Adika, died two weeks ago. Hearing adjourned for July 6th.
March 7th, 2022 (Hearing): National Museum of Kenya (NMK) expert, Esther Kuhuta, testified regarding the ivory exhibits, confirming it was elephant ivory. Ivory exhibits had been taken to museum on July 4th, 2017. Witness received them. Exhibits no.A1-A64 B1-B25 c1-c16…. ivory cut into pcs. They examined separately and aĺl had schaeder lines…( only found on elephant ivory). The report was dated July 11th, 2017.
February 21, 2022 (Hearing): Prosecutor took emergency leave so adjourned to March 7th for hearing.
November 18th, 2021 (hearing): Unknown.
August 24th, 2021 (hearing):
- one prosecution witness testified, the owner of the rented property where the ivory was found.
- next hearings scheduled for November 18th and 23rd.
Since the arraignment in June 2017, there have been at least 25 court sittings for this case up to August 2021.. (the actual count is muddied by 2020 Covid year)
FILE | 1649/17 |
SEIZURE DATE | June 27th, 2017 |
CONTRABAND SEIZED and CIRCUMSTANCES | 216.76 kg of worked ivory, in 105 pieces, many already packaged and wrapped for air freight |
LOCATION | A rented home in Utawala Estate, Nairobi (near Jomo Kenyatta International Airport) |
POINT OF ORIGIN | Reported to have come from DRC but also Meru National Park. DNA analysis has not been done to confirm. |
ACCUSED | Julius Abluu Adika, Abdinur Ibrahim Ali, Wesley Adweya, Hillary Karani, Rawling Innocent, Ronson Ogondi Njue, Ahmed Mohamud Salah alias Ahmed Mahabub Gedi |
CHARGED | Possession of Wildlife Trophies, Dealing in Wildlife Trophies, Acting in Concert with others contrary to Prevention of Organized Crimes Act |
COURT | Kibera |
VALUE (Charge Sheet) | Ksh 21, 676,000.00 (USD $ 216,000) |
OTHER CONTRABAND | Cutting machine, weight scales, packaging materials, generator |
TRANSPORT | Isuzu KCJ 042 |
ARRESTING AGENCY | National Police Service – Special Crimes Prevention Unit |
CONNECTIONS/LINKS |
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CHARGE SHEETS
MEDIA COVERAGE
10 key dealers nabbed and 289 kilos of ivory seized
Cyrus Ombati July 12th, 2017 The Standard
NAIROBI, KENYA: Security agencies have arrested ten suspects and seized more than 200 kilos of ivory and 96 kilos of pangolin scales in a joint operation targeting wildlife trophy dealers and known poachers.
The suspects have featured in the Kenya Wildlife Services list of wanted persons. Also seized were several kilos of rhino…..
KWS has identified an emerging trend in the trafficking of pangolin scales sourced from Central African Republic and smuggled to the far-East through Kenya………
The latest arrest was on June 27 when six men were arrested after they were found with 216 kilograms of ivory valued at about Sh21 million in a house in Utawala area, Nairobi.
Those caught with the tusks told police they were headed for Hong Kong where the owners had paid for their shipment.
Among those nabbed is Abdinur Ibrahim Ali, a businessman based in Moyale. Police investigations show he works with Guinean nationals based in Uganda as well as Chinese buyers abroad. The ivory he was found with in Utawala Estate had been sourced from the Democratic Republic of Congo, police investigations show.
Another suspect identified as Ahmed Mohamud Salah alias Ahmed Mahabub Gedi, who is a Somali national with fraudulently acquired Kenyan documents. He is reported to be the link person between Kenyan ivory traders and the far eastern markets of China and Thailand.
He was arrested by police at the Kenya-Namanga border on Saturday July 1, 2017 as he attempted to flee the country………
MYSTERIOUS DISAPPEARANCE
Vehicle impounded with Sh21 Million ivory missing
by Clause Masika April 19th, 2019
Lawyer successfully applied for it to be released to owner
In Summary
• Isuzu KCJ 042 impounded in 2017 disappeared weeks after a Kibera court ordered KWS to hand it back to its owner
• Owner says he never directed that vehicle be given to his driver as alleged
A vehicle impounded by Kenya Wildlife Service officers with 216kg of ivory worth Sh21 million in a house in Utawala in Nairobi is missing, a court was told. Isuzu KCJ 042 was impounded in 2017 disappeared weeks after a Kibera court ordered KWS to hand it back to its owner following a successfully application.
Raphael Mugenge, the owner, told court an order was issued in October 31, 2017 to compelling the KWS to release the vehicle to him but he did not receive it.
He said his lawyer informed him that following a successful application in a Kibera court the vehicle had been released. Mugenge however told court he never gave an order to the lawyer on who should be given the vehicle.
He denied claims that the driver could on his behalf be given the order to get the vehicles from the detectives.
“I am the only person who could have given the order, not even the lawyer. I know the driver as he is my close friend, having come from the same locality,” he told Kibera senior principal magistrate Esther Boke.
Mugenge said his driver called him and told him that the vehicle had been stolen and the matter reported to Embakasi police station. He said the investigating officer called him after the report had been made at the police station to record a statement.
He told court that his vehicle was used to transport agricultural produce from farms but not the elephant tusks. He said his friend borrowed the vehicle after use it was kept safe in a compound in their village.
During cross-examination Mugenge confirmed he gave the vehicle to the driver whom he trusted.
The matter will be heard on April 29.
