Seej AfricaSeej Africa
  • Home
  • Our Story
    • About Us
    • History
    • Mission & Values
  • Wildlife Cases in The Courts
    • Active Case Index
    • Terms and Abbreviations
    • Concluded Case Index
    • 2023
    • 2022
    • 2021
    • 2020
    • 2019
    • 2018
    • 2017
    • 2016
    • 2015
    • 2014
    • 2013
    • Pre 2013
  • Major Wildlife Seizures
  • West African Crime Group
  • News
    • Kenya
    • Africa
    • International
  • Commentary
  • Contact us
Reading: 1649/17 Kibera – R. vs. Abdinur Ibrahim Ali and 5 others 217 kg ivory
Share
Font ResizerAa
Font ResizerAa
Seej AfricaSeej Africa
  • Home
  • Our Story
  • Wildlife Cases in The Courts
  • Major Wildlife Seizures
  • West African Crime Group
  • News
  • Commentary
  • Contact us
  • Home
  • Our Story
    • About Us
    • History
    • Mission & Values
  • Wildlife Cases in The Courts
    • Active Case Index
    • Terms and Abbreviations
    • Concluded Case Index
    • 2023
    • 2022
    • 2021
    • 2020
    • 2019
    • 2018
    • 2017
    • 2016
    • 2015
    • 2014
    • 2013
    • Pre 2013
  • Major Wildlife Seizures
  • West African Crime Group
  • News
    • Kenya
    • Africa
    • International
  • Commentary
  • Contact us
Have an existing account? Sign In
© Seej Africa. All Rights Reserved.
Seej Africa > Blog > 2017 > 1649/17 Kibera – R. vs. Abdinur Ibrahim Ali and 5 others 217 kg ivory
2017Active Case IndexWildlife Crime Courtroom Watch

1649/17 Kibera – R. vs. Abdinur Ibrahim Ali and 5 others 217 kg ivory

SEEJ-AFRICA
Last updated: March 7, 2025 9:42 am
SEEJ-AFRICA Published June 24, 2023
Share
Today’s Court Update
 
March 5th, 2025 (Defence Hearing):
 

Organized Crime Ivory Case Nearing Conclusion

 

A major ivory trafficking case now in its seventh year is closer to conclusion after the five accused persons gave evidence in their defense before a Nairobi court.  

On March 5th, 2025, Abdinoor Ibrahim Ali, Wesley Silvanus Adweya, Hillary Karani, Rawlings Innocent Ogondi and his brother, Ronson Ogondi Njue, appeared before Senior Principal Magistrate S.O. Temu in Kibera law courts. They are facing charges of Possession and Dealing in wildlife trophies in addition to a charge of ‘acting in concert with others in the commission of a serious offence’ under the Prevention of Organized Crime Act.

On June 27th, 2017, officers of Kenya’s Special Crime Prevention Unit raided a home in the vicinity of Jomo Kenyatta International Airport (JKIA) and recovered 216.7 kg of worked ivory that was in the process of being packaged as flowers for an air freight shipment to Bangkok, Thailand.  Weighing scales, a cutting machine, and various packaging materials were also seized.  By ivory seizure standards, while the particular haul was not large, subsequent investigation revealed that this small group was acting to the benefit of an international cartel based in Kampala.

Five men were arrested at the rental property, four of them having employment connections to JKIA. The sixth man, Abdinoor Ibrahim Ali, alleged to have links with a West African crime group, was arrested a few hours later.  Arguably the most significant arrest came three days later  when Ahmed Mohamed Salah, alias Ahmed Mahabub Gedi, was arrested at the Kenya/Tanzania border crossing of Namanga while attempting to flee the country.  While in police custody, he provided to investigators a detailed confession as to his financial involvement in the ivory consignment that originated from DRC and Uganda, and was planned to transit Nairobi via Jomo Kenyatta International Airport (JKIA) before air transport to Thailand.

It was not long, however, before Mohamed Salah was released in a court decision that was highly suspect. Salah, of Somalian birth, schooled while at Daadab refugee camp, in possession of a fraudulent Kenyan identification, no fixed address in Kenya, resident of Mozambique for five years, in Kenya illegally for the criminal purpose of facilitating the trans-national trafficking of 216.7 kg of ivory, and arrested at a border point with Tanzania while fleeing justice, was permitted bond release on a 1 million shilling  (USD $10,000) cash bail and never seen again.

The defence hearing of March 5th took place with the five remaining accused giving testimony on their behalf.  The first accused person, Julius Abluu Adika, whose home the ivory was found in, was no longer part of the case as he had reportedly passed away in 2022.  His absence, however, was taken advantage of by the remaining accused who styled their defence by throwing the responsibility of ivory ownership on him.

Accused Abdinoor Ibrahim Ali, told the court that he had never been to the house in question and only knew the third accused, Wesley Adwenya.  He knew nothing about the ivory found in the house.

Wesley Adwenya testified that he worked at JKIA as a clearing and forwarding agent, primarily a flower exporter. He was a nephew to the deceased accused Adika.

He said that on the day in question he had been contacted by his uncle who was unwell and requested a visit.  On his way there, he picked up Hillary Karani (fourth accused), and Rawlings Innocent Ogondi (fifth accused), who Adwenya described as his casual workers.  Adwenya continued that they were ambushed by police as they arrived at the gate of his uncle’s house.

Karani and Ogondi told the court that they were simply on their way to work at the airport and the stop over led to their arrest.

The sixth accused, Ronson Ogondi Njue, told Senior Principal Magistrate S.O. Temu, that he worked as a driver for a friend of the first accused and regularly parked his employer’s vehicle at the compound of the deceased accused. On the day of the arrest, he had gone to the compound to pick up the vehicle. (the said Isuzu pickup was subsequently ‘stolen’ from police custody some months after the ivory seizure and arrest).

Their testimony was in contrast to the police investigation that indicated that the deceased accused Adika, Wesley Adwenya, and Hillary Karani were inside the house in the act of packaging the ivory when officers of the Special Crime Prevention Unit arrived.  

Rawlings Innocent Ogondi and Ronson Ogondi Njue, the 5th and 6th accused, (and brothers) were in the process of leaving the compound when they were arrested.

Regrettably, the cross examination of the accused by the ODPP prosecutor would have been described as tepid at best, and no challenging questions were asked of the accused to challenge the discrepancies between the testimony of the accused and the police.

The case has been beset with other irregularities aside from the release of Ahmed Mohamed Salah; the apparent deception by Salah’s lawyer to the court over Salah’s failure to attend because of ‘sickness’, the Isuzu pickup truck seized by investigators on the day of the seizure went ‘missing’ from police custody a few months later, the non-arrest of the man believed to have cut the ivory for transit and identified through phone data, and the listing of Salah alias Gedi on the Interpol Red Notice list with no photograph, no alias, no descriptors, no offence listing, no mention that he was a resident of Mozambique. 

The matter will be before Kibera court next on April 2nd to confirm the final submissions of both prosecution and defence counsel.

 

This vehicle was seized on the day of the seizure but went missing from police custody some months later. The owner was a county civil servant.
Saving Endangered Species through Education and Justice
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 organized crime group 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

 
January 27th, 2025 (Defence Hearing):  On the last attempt at a defence hearing, the prosecutor was unwell. That malaise was reciprocated today with one defence counsel reportedly in hospital from injuries suffered in an accident and a second defence counsel was unwell and unable to attend. 
 
The defence hearing is now slated for March 5th, 2025.
 
*********************************
 
November 11th, 2024 (Defence Hearing): Today’s scheduled defence hearing did not take place as the court 2 prosecutor, Mr. Ngetich, was unwell and did not attend court. No court two matters proceeded today.
 
The defence hearing is now slated to be for January 27th, 2025, although SPM Temu cautioned that the date may have to be changed again due to a scheduled January training session with dates yet unassigned.
 
This is now the longest running major ivory prosecution and in its 8th year. It is considered major, not be weight, but due to its transnational organized crime connections.
 
*********************************
 
October 1st, 2024 (Mention): Court 2 today set the next defence hearing date for November 11th, 2024.  All accused were present in court.
 
*********************************
 
September 27th, 2024 (Defence Hearing): Senior Principal Magistrate S.O. Temu of court 2 was not sitting today as he was indisposed.  The matter has been adjourned for a mention on Tuesday October 1st to set a hearing date.
 
*********************************
 
August 29th, 2024 (Ruling): Senior Principal Magistrate S.O. Temu of court 2 ruled today that all accused have a case to answer.The defence hearing is scheduled for Friday September 27th. The court was advised that the five accused will give unsworn evidence in their defence at that time.
 
*********************************
 
August 19th, 2024 (Mention): The court has set a ruling date as to whether the defence has a case to answer for August 29th.
 
*********************************
 
August 6th, 2024 (Mention): The court has set another mention date for the filing of submissions to August 19th.
 
*********************************
 
May 6th, 2024 (Hearing): Today’s hearing proceeded at 14:00hrs with the last prosecution witness, Chief Inspector Charles Inoti, the designated investigating officer of this case.  All seized ivory and other exhibits such as the cutting machine, packaging material, and weighing scales were again present before the court.
 
The state was represented by prosecutor Samson Ngetich. All accused were present with counsel, Mr Anyoka for the 2nd accused, Mr Dome for the 3rd,4th, and 5th accused and Mr. Makori for the 6th accused.
 
Examination in chief
Chief Inspector Inoti testified that on July 6th, 2017, he was requested to head this wildlife trophy investigation whereby the accused persons had been arrested by the Special Crimes Prevention Unit on June 27th, in the Utawala area of Nairobi. He took over the investigation and began looking into the matter. He also took the passport of one, Ahmed Mohamud Salah alias Ahmed Mahabub Gedi, . Inoti established that they had already been charged in court, and the exhibits (ivory) had been handed over to KWS.
 
His investigation began with the house where the ivory was discovered that was found to be the residence of the 1st accused, Julius Adika, a fact supported by a rental agreement and testimony from the landlord, Mr. Joseph Maina. Inoti contacted the landlord of the house/crime scene, and recorded statements and obtained the rental agreement between him and the 1st accused person, Adika, dated 4th of November 2014 and a bank statement showing how the rent was being paid by the deceased accused.
 
CI Inoti presented to the court scene of crime pictures taken on two different dates, the latter being April 30th, 2019 at the request of the court. He also presented a national museum report. He recounted that he requested that digital forensics be conducted on the accused persons’ phones, where exhibits 24 (Call data), and 24b (mpesa), were recovered. He also requested data analysis of phone data, which was presented as exhibit 19. The analysis revealed communication links between several of the accused individuals. For instance, the 3rd accused was found to be in contact with both the 2nd and 7th accused, the latter having later absconded. Additionally, the 6th accused was in communication with the 1st accused, who is now deceased. He also presented the previously mentioned exhibits including a power cutting tool, generator, cartons, 64 pieces of ivory, and a passport for Ahmed Mohamud Salah.
 
Cross-examination
Mr Anyoka for A#2 – Abdinur Ibrahim Ali
 
Defence Counsel (D/C 1):These exhibits were found in house no. C1 belonging to Joseph Maina.
CI Inoti: Yes
 
D/C 1: This evidence is confirmed by the rental agreement. 
CI Inoti: yes
 
D/C 1: The name of the Landlord is Joseph. Show where it is indicated in the agreement that Joseph is the landlord.
CI Inoti: The landlord’s name is not in the agreement; only his signature is required.
 
D/C 1: What is the name of the tenant in the agreement?
CI Inoti: The name of the tenant in the agreement is recorded as Julius only.
 
D/C 1: How can you tell who this Julius is, considering I am also called Julius? (There is no other data in the agreement to clearly show which Julius it is referring to)
CI Inoti: From the agreement, we cannot conclusively identify the tenant or the landlord, but he obtained bank account transactions record for Julius’s rent payment, which confirmed indeed the 1st accused was the tenant.
 
D/C 1: From the Safaricom data, where does the data show a connection between Abdinur Ibrahim (2nd accused) and the others? Before that can you tell us, you requested data from when to when?
CI Inoti: From January 2017 to 27th June 2017.
 
D/C 1: Which Mpesa transaction connects the second accused to the others?
CI Inoti: He transacted with Wesley Adweny on 25th June 2017 around 1000 at 14:02 hours, he received 1 thousand Kenya shillings from the 3rd accused, Wesley. 
 
D/C 1:How were you able to distinguish which transactions related to ivory and whether according to the phone data, the transaction between his client and the 3rd accused was the only transaction conducted within that period.
CI Inoti: I was only concerned with transactions between the accused persons.
 
The 2nd accused was in active communication with Weasly and the absconded accused.
 
D/C 1: From your data can you tell the location of the accused persons? CI Inoti: The location data is general in nature.
 
D/C 1: From the location data, can you tell if the 2nd accused has had any interactions with the scene of crime?
CI Inoti: No, it is not indicated.
 
D/C 1: From that communication, how can you distinguish ivory-related communication from other types of communication?
CI Inoti: There is no way to distinguish
 
D/C 1: Where was the second accused arrested?
CI Inoti: At Embakasi East, not at the scene of the crime
 
Cross-examination
Mr. Dome for A#3, A#4, A#5 – Wesley Adweya, Hillary Karani, Rawling Innocent,
 
D/C 2: Were you the one who arrested them?
CI Inoti: No
 
D/C 2: Did you go to the scene of crime?
CI Inoti: Yes, a month after the arrest.
 
D/C 2: You were not present during the arrest?
CI Inoti: Yes
 
D/C 2: So, you are operating on the information handed down to you?
CI Inoti: Yes
 
D/C 2: You are not an expert in communication?
CI Inoti: Yes
 
D/C 2: So, the communication report is also information given to you?
CI Inoti: Yes
 
D/C 2: Out of the 398 calls from your digital forensics, they only called each other once.
CI Inoti: I was only interested in the connection between them
 
D/C 2: What shows the owner of the house?
CI Inoti: There are bank transactions and his name in the rental agreement
 
D/C 2: There were some pictures taken in 2019, 2 years after the case. Why?
CI Inoti: The court ordered for them
 
Cross-examination
Mr Makori for A#6 
 
D/C 3: Looking at the charge sheet, what is the date of arrest?
CI Inoti: 27th June 2017.
 
D/C 3: When were they taken to court
CI Inoti: On 28th June 2017.
 
D/C 3: When did you take over the case?
CI Inoti: 6th July 2017
 
D/C 3: Can you confirm that no investigation had been done when you took over?
CI Inoti: Yes
 
D/C 3: Did you learn what the 6th accused does for a living, especially the day he was arrested?
CI Inoti: Yes, transportation.
 
D/C 3: Do you know Hassan Maroa?
CI Inoti: Yes.
 
D/C 3: Was he among the team that did the arrest?
CI Inoti: Yes
 
D/C 3: Have you had a chance to look at his statement? What motor vehicle was he talking about KCJ042T, a white Isuzu Dmax
 
D/C 3: In your investigations was the 6th accused walking into the compound to pick up a vehicle, a pick-up truck Isuzu D-Max which was found in the compound of the scene of crime, and which he was employed by one Raphael Mugenge to drive. Raphael was a prosecution witness.  Where was my client arrested?
CI Inoti:While he was entering the scene of crime.
 
D/C 3: Who was in the compound during the arrest?
CI Inoti: The deceased
 
D/C 3: Are you aware that PW2 is the 6th accused employer?
CI Inoti: Yes.
 
D/C 3: And he is the one who instructed him to park the car in the compound?
CI Inoti: No
 
D/C 3: When did you record your statement?
CI Inoti: 12th Sep 2017.
 
D/C 3: In the statement, did you address a motor vehicle?
CI Inoti: Yes, black Toyota, which was preparing to load the exhibits
 
D/C 3: Can you confirm that is a different vehicle?
CI Inoti: Yes
 
D/C 3: Was the Toyota Dmax inside the compound on the date of arrest?
CI Inoti: It was parked in the compound
 
D/C 3: Has the 6th accused ever communicated with any of the other accused persons?
CI Inoti: Yes, he has talked to the deceased.
 
D/C 3: Has he transacted any amount with the other accused?
CI Inoti: No.
 
The afternoon’s proceedings finished with a last question from Mr. Ngetich as to whether the bank statement of Adika, provided and presented in court, as to who was paying who?  CI Inoti relpied that Adika, (A#1) was paying Joseph Mania for rental purposes and this was indicated through frequent deposits.
 
The court has set a date of 6th August 2024 for filing of submissions.  Defence counsel have requested a typed proceedings.
 

*********************************

April 3rd, 2024 (Hearing): All relevant persons were present in court except for one, the last remaining prosecution witness, Chief Inspector Inoti. The court was advised that IO,  who has since been transferred to Kiambu, was injured as he was pursuing an incident in Juja hence his absence today. The matter was adjourned to 6th May 2024 at 2:00 P.M

*********************************

March 5th, 2024 (Hearing): Today’s hearing of the final prosecution witness did not take place. The prosecutor advised the court that Chief Inspector Inoti was indisposed.  The hearing has been adjourned to April 3rd, 2024.

*********************************

February 5th, 2024 (Hearing): 

by E. Gutu

Court 2 at Kibera Law Courts was busy today as the hearing for Case 1649/17 resumed after several adjournments.  Court began at 9.30am with Hon. S.O Temu presiding. The file for this case was set aside, after the court went on a break, scheduling the hearing to begin at 11am. However, the hearing did not begin until 12.15pm when Hon. Temu was back on the bench.
 
The much-anticipated testimonies of two remaining crucial witnesses were expected today – a Safaricom liaison officer and the Investigating Officer, Chief Inspector Charles Inoti. However only the Safaricom liaison officer, Daniel Hamisi, was present to testify with CI Inoti unavailable.
 
All five accused persons stood in the dock alongside their respective counsels. Mr. Makori represented the sixth accused, while Mr. Dome represented the third, fourth, and fifth accused individuals. The second accused, Abdinoor Ibrahim Ali, had legal representation from Mr. Anyoka.
 
In his testimony, Daniel Hamisi detailed how, on July 3, 2017, he received instructions from the then KWS Chief Inspector Inoti to gather information on seven Safaricom accounts. His task constituted generating Mpesa statements and call logs from January to July for these accounts, with the aim of determining all the transactions during this period and locations of the account owners during specified transactions.
 
Hamisi presented a detailed report encompassing transactions over a seven-month period for each of the seven accounts. This detailed report was submitted to the court as evidence, shedding light on the financial activities of the accused during the specified time frame.
 
During cross-examination, Mr. Anyoka grilled the witness on the specific locations of his client, Abdinoor Ibrahim Ali, preceding the arrest time. The report did have gaps but is was ascertained that Ibrahim Ali was found to have been mostly in South C, as well as in the Karen and Embakasi areas, the day prior to his arrest. Ibrahim Ali was also found to be linked with accused #3, Wesley Adweya, through a few Mpesa transactions but the amounts were minor, KES 1000 and KES 5000.
 
On the other hand, Mr. Makori attempted to distance his client, Ronson Ogondi Njue, from the c0o-accused, emphasizing the lack of information connecting his client to the . There were no mpesa transactions between Njue and the others.
 
Consequently, the magistrate adjourned the proceedings to March 5, 2024, when CI Inoti is expected to give his testimony. 
 

*********************************

November 13th, 2023 (Hearing): This time it was fate that intervened to delay this case yet another three months. There was no court today anywhere in the country as the government gazetted the day as a public holiday approximately one week before. The court has adjourned the matter to February 5th for a hearing.

 
*********************************
 
October 11th, 2023 (Hearing): DNA – This hearing did not take place – reasons unknown. The matter has been adjourned to November 13th for hearing.
 
*********************************
 
September 28th, 2023 (Hearing): The hearing that was scheduled for 2pm was dealt with in the morning as the the 3rd and 5th accused were still absent over issues with the prison in which they are in custody. A#2 was also absent, unknown why but A#4 and A#6 were present. The hearing was adjourned to October 11th.
 
*********************************

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.

*********************************

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.

*********************************

June 14th, 2023 (Hearing): The court today heard testimony from a KWS officer of the cyber-crime forensic unit. As per a request from the IO on July 11th, 2017, an analysis was done of the call data records and mpesa transactions of the accused persons. She prepared an 11 page report. Her testimony could be boiled down to the fact that there were no transactions in excess of 1000 keh and of the group, Wesley Adweya (A#3) been the most connected among the group.

 
The cross examination did not go well for the KWS witness as the 3 different advocates attacked with relevant and totally irrelevant questions. It came out that the prepared report only included data of the 6 accused and nobody else. She stated that at the time of her report, KWS did not have the technology to extract data from cellphones. That ability did not arrive until 2018. Since that time, the phones of the 6 accused had not been re-examined with that purpose in mind.
 
The hearing was adjourned for the last two witnesses for August 29th and September 5th, if required.  
 
*********************************
 
June 13th, 2023 (Hearing): Today and the following day had been set aside for the prosecution to produce its last 3 witnesses and conclude its case. That did not happen. With all accused and their 3 advocates present, the prosecution requested an adjournment as the IO was not present to introduce documents on which testimony from the next witness was based. The advocates for the accused agreed to the request and the hearing was adjourned to the following day, June 14th.
 
*********************************
 
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 (Mention): Hearing date set for February 21, 2022.
 
*********************************
 
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
  • Abdinur Ibrahim Ali is linked to West African cartel leader, Moazu Kromah, (now in US jail) in Kampala.
  • Ahmed Mohamud Salah is linked to Kromah and assisted with financial transactions in the past.
  • Four of the accused had working connections to JKIA.
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………
 
https://www.standardmedia.co.ke/article/2001247206/10-key-dealers-nabbed-and-289-kilos-of-ivory-seized

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.
 
https://www.the-star.co.ke/news/2019-04-19-vehicle-impounded-with-sh21-ivory-missing/ 

You Might Also Like

Failed or ‘Failed’? Postmortem of an Ivory Prosecution (pdf)

Case Review – Two men sentenced to 9 and 7 years imprisonment for trafficking 209 kg ivory. Would you convict?

E071/24 Kahawa – R. vs. Richard Kipleting Kuto, Cpl. Ben Kipkosgei Kiplangat, Charles Nzuki Mutua, Philip Lubanga Adembe – 29 kg ivory

Nationals from Burundi, Rwanda and Congo in latest ivory capture – 13 kg

E052/24 Kahawa – R. vs. Erick Theuri Wairimu + 2 others 28 kg Ivory

TAGGED:Compromise IndicatorsLinked SeizureWest African Crime Group Linkage
Share This Article
Facebook Twitter Email Copy Link Print
Previous Article E138/21 Kwale – R. vs. Josphat Mtoi Kuri 35 kg ivory
Next Article Three arrested as 50kgs of elephant tusks recovered in Marigat
Popular News
Nkubu Township, Meru: Three arrested with 2 pieces ivory weighing 60 kg
April 2009 – 703 kg of Ivory Seized From Vehicle Travelling From Tanzania
July 2009: Jomo Kenyatta IA – Kenya seizes coffin-stashed ivory

Popular Tags

2015 2017 2019 2020 2021 2022 2023 2024 2025 Acquittal Bushmeat Compromised Compromise Indicators Conviction Corruption Deportation DNA Analysed Escapee JKIA Kahawa Kenya Wildlife Task Force Linked Seizure No Prosecution Pangolin Police arrested Quashed Conviction Rhino Rosewood Sandalwood Sentencing The Sheikh's Voi Warrant West African Crime Group Linkage Withdrawn

OUR STORY

  • About
    About
  • History
    History
  • Mission & Values
    Mission & Values
  • Funding
    Funding

NEWS

  • Kenya
    Kenya
  • Africa
    Africa
  • International
    International

WILDLIFE COURT CASES

  • Active Case Index
    Active Case Index
  • Concluded Case Index
    Concluded Case Index
  • Terms & Abbreviations
    Terms & Abbreviations

CONTACT INFO

©2023 Seej Africa. All Rights Reserved.
Welcome Back!

Sign in to your account

Lost your password?