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E049/23 Machakos – R. vs. Lazarus Kinyumu Mativo 81 kg ivory

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Today’s Court Update

 August 7th, 2023 (Hearing):

 Bashir Kasim, originally accused #3, today gave evidence as the first prosecution witness. It had been previously agreed that for the charges against him to be withdrawn, he would give testimony favourable to the prosecution and against the now lone accused, Lazurus Mativo.
 
His testimony was contradictory and inconsistent. He said that the written statement he gave to the police (not cautioned) was not what he said. To perhaps corroborate that, Kasim does not understand English and the statement was written in English.
 
That actual facts that can be gained from today are as follows: On the evening of May 7th, a Honda vehicle was travelling from Salama in the direction of Nairobi (JKIA). This vehicle was stopped at a police roadblock at around 18:30. At the time, Samuel Mutune was the driver. An unknown male was sitting in the front passenger seat and Bashir Kasim was sitting in the rear seat with 3 bags beside him.
 
When stopped by the police, the occupants were ordered to lay on the ground which Mutune and Kasim did. The other male bolted. Police did not give chase. The 3 bags found in the back seat beside Kasim were found to contain 81 kg of worked ivory, cut into disc shapes and painted black. (see below). The police took the two accused away and later arrested Lazurus Kinyumu Mativo.
 
Kasim, in fact, gave more damning evidence against the driver of the vehicle, Samuel Mutune. The charges against Mutune have also been withdrawn.
 
Kasim had been in custody until today. He did admit to the court that he was Tanzanian but working in Kenya at a local slaughterhouse without a permit.
 
(Ivory cut and painted in this manner is typically seen in shipments sent by air, either by passenger or air freight. The last seizure made in Kenya with ivory cut and painted in a similar manner was in January 2015 and was connected to the West African organized crime group (OCG). The most recent seizure of black painted ivory was in September 2020 when two Congolese from DRC air freighted ivory from Kinshasa to Seattle, Washington.)
SEEJ-AFRICA THUMBNAIL
 
On May 7th, 2023, the police and Kenya Wildlife Service intercepted a car in the Mukaa area, approximately 90 km south of Nairobi, and found 81 kg of worked ivory. While it was initially reported that Samwel Muisyo and Bashir Kasim were arrested, a third, Lazarus Kinyumu Mativo, later appeared in Machakos court with the other two. Bashir Kasim is a Tanzanian national and still in custody while the other accused were released on bond.
 

The fact that the ivory was described as “worked”, strongly suggests it was meant to leave Kenya via Jomo Kenyatta International Airport (JKIA). That last significant seizure in Kenya that included worked ivory was in June 2017 when 217 kg ivory was seized in the Embakasi housing estate, just outside of JKIA. Four of the seven men arrested had working connections to JKIA. That prosecution is still before the courts

On May 7th, 2023, the Kenya Wildlife Service and police intercepted a car in the Mukaa area, approximately 90 km south of Jomo Kenyatta IA, and found 81 kg of worked ivory in the vehicle
Charge Sheet amended on August 1st, 2023, withdrawing the names of the two occupants of the vehicle found with 81 kg of worked ivory

ACCUSED: Lazarus Kinyumu Mativo, Samwel Muisyo Mutunem Bashir Kasim (Tanzanian national)

CHARGED: Count 1: Dealing with wildlife trophy of an endangered species without a permit or other lawful exemption contrary to Section 92(2) of the WMCA 2013.

PROCEEDINGS

 

Hon. H.M. Nyaberi Chief Magistrate

Court 8

August 2nd, 2023 (Hearing): Today’s hearing did not take place. Lazurus Mativo, now the only accused, has hired a new advocate. The prosecution argued against the adjournment but was overruled. On Monday, the hearing will begin with the first prosecution witness, Bashir Kasim, who had originally been arrested. As Kasim is a Tanzanian national, and despite the fact that the charges against him have been withdrawn, he is being kept in custody until he testifies on Monday.

August 1st, 2023 (Hearing): The scheduled hearing did not take place. The prosecution withdrew charges against the 2nd and 3rd accused (Mutune and Kasim) with the idea that they will testify against the 1st accused. The charge has been amended to reflect the change with Lazarus Kinyumu Mativo now charged with possession and dealing in wildlife trophies.

The prosecution wished to continue with the hearing today but the advocate for A#1, said he needed time to prepare. Despite the prosecutions refusal, the court has adjourned the matter to tomorrow, August 2nd, for hearing.
 

May 22nd, 2023 (Mention):  The scheduled trial court was not sitting as Chief Magistrate Nyaberi had been transferred and the replacement was not yet in station.

The two Kenyan accused, Lazarus Kinyumu Mativo and Samwel Muisyo Mutune, were both in court and represented by counsel. The third accused, Kasim, was not present, believed to be appearing from prison virtually. That, however , did not happen. 

A new mention date was taken in the belief that the replacement magistrate will be in attendance to continue with proceedings. 

Adjourned to June 15th, 2023.

Machakos Court 2

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