2023Active Case IndexWildlife Crime Courtroom Watch

E729/23 Mombasa – R. vs. Samwel Nason Mosima and Bokisa Maleto 6 kg ivory

SEEJ-AFRICA
SEEJ-AFRICA
Today’s Court Update
 

#15. August 15th, 2024 (Hearing): It is unknown if the scheduled hearing took place. The court has assigned a mention date of September 18th and next hearing date of November 7th.

Case Overview

On June 3rd, 2023, in the Mombasa area, the two accused were found in possession of two elephant tusks weighing 6 kg contained in a brown safari bag.
Presiding Magistrate and Court:
 
Hon. Alex Ithuku – Chief Magistrate Court 1
previous – Hon. M.W. Mutuku (Ms.)  – Chief Magistrate 
State Counsel:
Alex Gituma
Advocates for the Accused:
  1.  
Accused:      
1. Samwel Nason Mosima
2. Bokisa Maleto
 
Charged: 
  1. Dealing in wildlife trophy of endangered species  contrary to Section 92 (2) WCMA.
  2. Being in possession of an endangered wildlife  trophy  contrary to Section 92 (2) WCMA
Date of Arrest:
2023-06-03
Date of Arraignment:
2023-06-05
Location of Arrest: 
Mwembe Tayari, Mombasa
Contraband Seized:
6 kg (2 pieces)

Proceedings

 

#14. June 19th, 2024 (Mention): The court has maintained the next hearing date as August 15th. 

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#13. May 22nd, 2024 (Mention): The court has set another mention date of June 19th and has still maintained the next hearing date as August 15th. 

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#12. April 17th, 2024 (Mention): All relevant persons were in court, of note, as the two accused had both been absent two weeks previous. 

The first accused informed court that he had been ill in January and was not able to attend court. He went ahead to produce a discharge sheet from hospital. The Honourable Magistrate noted with concern that he had been discharged from hospital on 21st January, 2024. He asked the accused to explain why after his discharge from hospital he did not attend court for the next mention. The first accused explained that he was still unwell. The Magistrate informed him that the prosecution would carry out investigations to establish whether the medical document was false or not.
 
The second accused explained that he was in court on the previous date but did not hear his matter being called out.  The court set a further mention date of May 22nd and a hearing date of August 15th. 
 
The offences for which this matter is before the court occurred in June 2023. No testimony has yet been heard.
 
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#11. April 4th, 2024 (Mention): The mention did not occur as intended. The court was not sitting and both accused were also missing. A mention date of April 17th was set.

 

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#10. February 7th, 2024 (Mention): Today’s mention did not happen as scheduled as court 1 of Chief Magistrate Ithuku was not sitting. This matter has been adjourned to April 4th for a mention to set a hearing date.

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#9. January 17th, 2024 (Hearing): Today’s scheduled hearing did not take place.

 
The prosecution noted that the 2nd accused was absent when the case was called out. The prosecution had three witnesses present in court.
 
The court noted that the last time the matter was in court, the 2nd accused was notably opposed to the hearing date that had been given by court indicating that he had a cultural event to attend in Narok that was running for weeks. The court made it clear that the 2ndaccused can sacrifice one day from the event and attend court.
 
Counsel for the 2nd accused stated that he was unwell and requested for an adjournment.
 
The prosecution opposed this application and stated that if the court was inclined to allow the adjournment, they would be requesting for transport reimbursement for the witnesses.
 
The court allowed the adjournment and ordered the 2nd accused to appear in court with medical documents on 7th February, 2024 for a mention to take a hearing date.
 
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#8. October 26th, 2023 (Mention): Today in front of a new magistrate. The accused were present, A#2 in Maasai traditional garb.  Their advocate was not present. Hearing scheduled for January 17th, 2024.
 
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#7. August 8th, 2023 (Mention): Today’s mention was to set the next hearing date which will be on October 26th, 2023.
 
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#6. August 7th, 2023 (Mention): It was found that there was a miscommunication over this date and the advocate for the accused was not present. Adjourned to August 8th for mention.
 
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#5. July 24th, 2023 (Mention):  The mention scheduled for today was adjourned to August 7th as Chief Magistrate Mutuku was absent on official business. (It was reported that she did, however, attend to a bond ruling virtually related to a Kilifi politician involved in recent demonstrations.)
 
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#4. .June 22nd, 2023 (Mention): Matter adjourned to July 24th.
 
 
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#3. June 8th 2023 (Mention): The two suspects have been released on a bond of 1 million or cash bail of 1 million with 2 surety. The chief magistrate dismissed KWS application for the suspects to remain in custody. The pretrial will be on 22/6/2023.
 
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#2. June 7th 2023 (Mention): The prosecution through KWS officer Chuma filed an affidavit opposing the two suspects released on bond indicating the two are pastoralists with no permanent residence. Mombasa chief magistrate to make bond ruling tomorrow
 
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#1. June 5th 2023 (Plea): This was a first appearance. Both accused pleaded not guilty. The prosecution will call four witnesses, two of whom are expert witnesses.

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