Today’s Court Update
#30. September 18th 2023 (Mention): Today’s mention was done virtually in front of the Court One magistrate, Hon. Boaz Maura Ombewa. Magistrate Kiage Oenga is now on leave. The court has set another mention date of October 18th to set a date for a ruling.
Case Overview
On the morning of Wednesday, November 16th, 2023, Yang Changgui, a 58 year old Chinese national, was found dead by a roommate in his Lavington (Nairobi) apartment. Hoang Thi Diu, a Vietnamese national, contacted the police.
Investigating authorities attended the apartment and in the process of investigating the death, found in the apartment a number of game trophies and other evidence of wildlife trafficking including: 80 cut pieces of ivory weighing 145 kg, 2 worked pieces of ivory, 2 rhino horn weighing 4.2 kg, 116 lion claws, 65 lions teeth and electric saw.
Hoang Thi Diu was subsequently charged with offences under the Wildlife Conservation and Management Act.
Presiding Magistrate and Court: Hon. Gideon Kiage Oenga – Principal Magistrate Hon. Boaz Maura Ombewa – Senior Principal Magistrate | |
State Counsel: Kelvin Kamau | Advocates for the Accused: Edwin Motari Oguti Mr. Auta Brian Muchiri |
Accused: Hoang Thi Diu | |
Charges: Dealing in wildlife trophy contrary to Section 92(2) of the WMCA (2013) to wit: on the 16th November at Sunshine Court, Lavington, Nairobi County, with others not before the court, was found dealing in wildlife trophies as described with a street value of ksh 20,000,000 without a permit. | |
Date of Arrest: 2022-11-16 | Date of Arraignment: 2022-11-28 |
Location of Arrest: Lavington, Nairobi | Contraband Seized: 146 kg ivory, 4.2 kg rhino horn, lion teeth |
Proceedings
#29. September 11th, 2023 (Hearing): Today’s hearing continued with a cross examination of the crime scene officer and the last two prosecution witnesses. Defence advocate, Brian Muchiri, led off with a rigorous cross examination relating to the scene of crime process. It was admitted by the crime scene officer, that with the exception of two bags of ivory found in the room of the deceased, all other exhibits were not photographed in their original location but moved to the living room area of the apartment prior to. Mr Muchiri was also concerned about three seized mobile phones being left off the second inventory list and was told that it was a decision made by KWS IO, CI Inoti.
The second witness to testify was Dr. Ogeta Mwebi of the National Museum of Kenya. He stated that on December 7th, 2022, he received from Chief Inspector Inoti, 313 assorted wildlife remains for identification. He subsequently identified the remains as belonging to various wildlife species, including elephant tusks, leopard teeth, lion teeth, baboon teeth, lion claws, rhino horns, and rhino skin.
The last witness was Chief Inspector Charles Inoti, seconded DCI officer to the KWS. He had held that position for over 10 years. He gave an overview as to how he became involved in the investigation. He stated that he had learned from the accused that she arrived from Angola approximately six weeks prior to the seizure. She had only been staying at the apartment for a few weeks when the Chinese national died.
CI Inoti also told the court of his learning of a 3rd person who had been staying at the apartment. Ali Hussein, described as an Egyptian national, had been staying in one of the rooms where rhino horn were found. He had a home in Machakos and stayed in the Lavington apartment only on weekends. CI Inoti explained that Hussein was arrested at JKIA airport prior to boarding a flight out of the country but the ensuing investigation absolved him from involvement. CI Inoti also told the court that nothing of relevance to the investigation was found on the three mobile phones of the deceased Chinese national.
The matter has been adjourned to September 18th for mention.
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September 8th, 2023 (Hearing): Today’s hearing, scheduled for 1:00 pm, did not take place as the IO and police witness were approximately one hour late, reportedly stuck in traffic. The Honourable Magistrate Gideon Kiage Oenga adjourned the hearing to September 13th at 1:00 pm.
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August 10th, 2023, (Hearing): Today’s hearing proceeded with a worker at the apartment complex (PW-2) who was only cross-examined by defence counsel and subsequently re-examined. Thereafter, Inspector Stephen Muriithi, a new witness gave his examination-in-chief, cross-examined by defence counsel and subsequently re-examined. The hearing which started at 2:25pm, ended by 4:30 pm.
On conclusion, the prosecutor requested the court to make orders that the OCS Muthangari Police station make available the scene of crime (unit C-13) on the next date scheduled for hearing. Additionally, the said scene of crime be reconstructed since the scene of crime officer is scheduled to testify on that day (August 23).
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August 8th, 2023, (Hearing):
The hearing proceeded at approximately 14:30hrs with two witnesses for the prosecution; an employee at the apartment complex (PW1), and Corporal Daniel Bitok, a general duties officer who was the first police officer to attend the scene.
Testimony of PW1: who had previously testified that he was approached by the accused, Hoang Thi Diu, on the morning in question and requested to assist with a room mate in the apartment. He went to Apt C-13 with the accused and found Yang Chang Gui apparently dead on the bed. He knew Yang as an occupant of that apartment.
He and the accused then went to the Muthangari Police Station to report the death.
They gave a statement and returned to the apartment. He and caretaker Brian carried Yang’s body to the police vehicle while the police searched.
He returned to the apartment to find the police recovering elephant tusks from the deceased’s room. The police showed PW1 the 3 bags they found containing elephant tusks.
The police continued their search and next went to the room (master bedroom) of Mr. Ali, who PW1 believed was presently out of the country. PW1 further stated that he had known Mr. Ali since 2021 and he was a friend of the deceased. He only knew him within the confines of this compound and he was not there all the time.
Mr. Ali’s room also contained wildlife trophies including one bag of elephant tusks and one with two rhino horns.
PW1 stated that did not accompany the police to the accused’s room. He said that he had known her for about 1 month and that a Chinese man and woman had stayed there before that. He said the police came out of the room with various lion teeth’.
On todays’s date under cross examination, he stated:
– that the unit had 4 rooms being the bedrooms of the deceased, Mr. Ali, and the accused. There was also an SQ (servants quarters).
– the unit was registered under the name of the brother of the deceased. The deceased only paid the water and electricity bills.
– Could not state exactly for how long the accused person had stayed in the apartment complex.
– Never saw the occupants of the unit bring in with them suspicious objects.
– Said he knew the room in which the accused person stayed in.
– Couldn’t tell whether there was anything discovered in the accused’s room.
Testimony of Corporal Daniel Bitok, a general duties officer at Muthangari Police Station who stated that on the 16th November 2022, three (3) individuals come and made a report about a person who died in the house. Himself together with his colleague Vellar Ayodi visited the scene and found a lifeless body. He informed the duty officer, Inspector Stephen Muriithi who arrived shortly accompanied with the scene of crime officer.
He found the following in room 1 (deceased):
three travelling suitcases under the deceased bed, upon opening the suitcases found in total 70 pieces of ivory tusks, cumulatively.
- Suit case E contained 16 pieces of ivory
- Suit case B contained 21 pieces of ivory
- Suit case D contained 33 pieces of ivory
In Room 2 (Mr. Ali) : one suitcase bag containing 10 pieces of ivory and a second suitcase containing 2 rhino horn, 2 small white sculptures, and a glass jar with an unknown whitish substance, two rubber stamps and a stamp pad. Also in the room were 2 hacksaws and an electric saw.
In Room 3 (accused): found in a topmost cupboard
- – 65 pieces of lion teeth;
- – 160 lion claws; and
- – One piece of thick skin, from an unknown animal.
Note: all above items placed on the floor in front of the magistrate except for the lions teeth and claws.
During cross examination, it was established that the witness had prepared two different inventories of items taken from the scene. The one he presented to the court did not include three mobile phones or a printer that were not deemed to be relevant to the case.
Hearing to continue on August 10th.
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August 3rd, 2023 (Mention): The purpose of today’s mention was for the court to establish whether Mr. Auta was still counsel for the accused and take further direction on how the case will proceed.
Present in court was the accused person, the interpreter Mr. John Mwangi and a new counsel Mr. Muchiri who stated he will take up the role of defence counsel on a pro-bono basis. Mr. Muchiri requested the court to be furnished with all documents the prosecution sought to rely on in this case. Furthermore, that the court issue a further mention date to confirm all the said documents were served upon him.
Principal Magistrate Kiage gave the following directions:
– All three (3) prosecution witness who had testified will be recalled and on the set hearing date the witnesses will not testify again but will only be cross-examined.
– All documents the prosecution will rely on will be passed to Mr. Muchiri before the hearing date and the accused person will counter sign beside her advocate on the date of the hearing.
– Previous proceedings to be typed.
The matter is adjourned for hearing on August 8th at 13:00hr.
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August 2nd, 2023 (Hearing): Today was scheduled for a fresh hearing and the prosecution had two witnesses, the interpreter was present, as was the accused. Advocate for the accused, Mr. Auta, however, was not. The prosecutor advised the court that attempts to contact Mr. Auto had been unsuccessful.
In light of the defence counsel’s unknown whereabouts, todays hearing was adjourned and that scheduled for tomorrow has been changed to a ‘mention’ so as to set another date for a hearing.
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July 14th, 2023, (Hearing):
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July 13th, 2023, (Hearing): The matter is now before Principal Magistrate Gideon Kiage in court 2. This change of courts mid-trial due to a Magistrate on leave is not a common practice and has not been observed by SEEJ-AFRICA before. Present in court was the accused person and the mandarin translator, Mr. Benson Kamau. The accused was unrepresented
The hearing did not take place as the IO had not bonded witnesses to attend court today. Furthermore, the evidence to be adduced by some of the witnesses had also not been brought to court.
The IO assured court that he will bond all the seven witnesses for the prosecution to attend court tomorrow. Matter adjourned to July 14th for hearing.
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June 27th, 2023, (Hearing): Defence ‘counsel’, Edwin Motari Oguti, was again the cause of the delay. There was confusion between the court, the prosecution and the accused as to whether Motari was to appear in person, virtually, or not at all. In the end, he did not appear at all but the prosecution was aware that he would not be proceeding.
When the case was called the second time, it was the prosecution that requested an adjournment as the IO had been called away on an emergency was unable to attend.
The matter was adjourned with hearing dates of July 13th and 14th given.
SPM Ombewa advised the court that he was going on leave and the matter was being placed before to court 2 for continued hearing. This is a process not previously observed by SEEJ-AFRICA.
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May 4th, 2023, (Mention): The purpose of today’s session was to set a hearing date. All were present except the ‘advocate’ on record for the accused.
It is believed that the ‘advocate’, Edwin Oguti, is actually Edwin Motari Oguti, who in April 2022 was arrested in Milimani court for impersonation, representing himself as a lawyer when he was not. He was ‘representing’ a Chadian national at the time for False Pretences.
During the court session it was learned that Mr Motari was hired initially by a Chinese friend of the accused. This friend was supposed to have found another lawyer for today’s mention but the accused did not know who it was or where they were. The accused stated that she will have a lawyer by the next court date.
The matter is adjourned to June 27th for hearing.
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May 2nd, 2023, (Hearing): Today’s hearing did not take place but only after three attempts to proceed. There was an initial delay with the accused being late. A second delay occurred when there was difficulty locating a Mandarin translator and the ‘advocate’ for the accused could not be reached (his phone was off) as he had promised the prosecutor.
At approx 13:00 hr, the file was called out for the third time. The court was successful in getting hold of a Mandarin translator, Mr. Benson Kamau, who appeared in court virtually.
However, the defence ‘advocate’ failed to appear in court virtually as earlier on promised and the prosecutor mentioned that he requires a further time allocation for 3:00 pm. The prosecutor further stated the defence ‘advocate’ was needed to agree on the way forward to include: getting a mandarin translator and to settle for a mention date to fix a hearing date. Nonetheless, the prosecutor informed court that he was ready to proceed and had one witness present in court.
In absentia of the defence ‘advocate’ who never appeared, the court adjourned for a mention date on 4th May 2023 for the purpose of fixing a hearing date.
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March 16th, 2023 (Mention): Today was scheduled to set a date for the first hearing. It was confirmed for defence advocate that the accused’s cash and mobile phones, seized at the time of arrest, had been returned to her on January 27th, 2023. Chief Inspector Inoti, the IO, also confirmed that the seized cash had gone towards the accused’s cash bail. There is no indication yet as to how much that was. First hearing date set for May 2nd, 2023.
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March 15th, 2023 (Mention): This was set to take pre-trial directions and set a trial date.
The accused was explained to the purpose of the mention via a
sworn translator and was subsequently served with prosecution witnesses’ statement including those of 3 civilians, Charles Inoti (IO), Cpl David Betok, and IP. Steven Murithi.
sworn translator and was subsequently served with prosecution witnesses’ statement including those of 3 civilians, Charles Inoti (IO), Cpl David Betok, and IP. Steven Murithi.
When the matter was called out again the defence counsel experienced difficulties rejoining the court session making it impossible for the court to issue a hearing date in his absentia.
The matter was adjourned to be mentioned virtually on 16th March 2023 to set a trial date.
It was also agreed that the accused will also attend the above set mention virtually at Kenneth Kinyau’s office.
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January 13th, 2022 (Mention): Unknown activity
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December 28th, 2022 (Mention): Unknown activity
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November 28th, 2022 (Arraignment): Hoang Thi Diu pleads not guilty. The court initially granted the accused person bond of KES 2,000,000 plus one surety of similar amount. (At a later date this was reduced to a cash bail of 150,000/- plus one contact person.)
Puzzle of dead Chinese man, 78 pieces of ivory recovered at his Lavington apartment
By Amina Wako Nation Media Group
Thursday, November 17, 2022
A Chinese national has been found dead in Nairobi with an assortment of game trophies recovered in his apartment.
According to a police report released on Wednesday evening, Yang Changgui’s lifeless body was found at a house in Sunshine Court within Lavington’s Valley Arcade area.
“The deceased, 58, had a visible mark of surgery scar at the pelvis but no other visible injuries. Some medicines were also recovered at the scene,” the police report read in part.
The matter was reported to the Muthangari police station by Hoang Thi Diu, another Chinese national.
Upon conducting a search of the house, police recovered 78 pieces of elephant Ivory, two pieces of rhino horns, two pieces of ivory sculptures, a piece of animal skin, 65 pieces of lion teeth and 160 pieces of lion claws.
Also recovered were three sets of communication gadgets, two sets of stamps belonging to Hua Xoang Development Limited and a seal belonging to Huang Xiang Development Limited.
Also at the scene were two phones (Lenovo and Huawei), a printer, two Stanbic Bank cheques and an electric saw.
The body of the deceased was moved to Chiromo mortuary pending an autopsy as investigations into the matter continue.
ambuthia@ke.nationmedia.com
