Today’s Court Update
August 11th, 2023 (Mention): Today’s mention was to set a new hearing date. Both accused present and new date set for October 23rd.
Case Overview
On November 6th, 2018, KWS officers received information of two men looking for buyers of two elephant tusks in the Kawagware area of Nairobi. A team mobilised themselves and a meet was set up between an undercover KWS officer and the vendors.
At approximately 12:30pm, the two accused approached the KWS undercover buyer and were arrested at that time. They were found to have two elephant tusks weighing 4 kg and two hippo teeth weighing 4 kg.
Presiding Magistrate and Court: Hon. A. Mwangi – Chief Magistrate Previously – J. Gandani – Chief Magistrate | |
State Counsel: Kipngetich | Advocates for the Accused: |
Accused: 1. Abdirahman Mohammed 2. Muithya Kisiru | |
Charged:
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Date of Arrest: 2018-11-06 | Date of Arraignment: 2018-11-07 |
Location of Arrest: Kawagware Shopping Centre #4, Nairobi | Contraband Seized: 4 kg ivory and 4 kg hippo teeth |
Proceedings
July 19th, 2023 (Hearing): Today’s hearing did not take place due to mass demonstrations throughout Nairobi and major urban centres throughout Kenya
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June 8th, 2023 (Hearing): Both accused persons were present in court however none of their counsels were present. The advocate who was sent to hold brief for both their advocates stated that they were unable to appear because one was indisposed and the other was outside the country.
The prosecutor Mr. Musyoka on his part was ready to proceed and had 2 witnesses available.
The court took note of the fact that this is a 2018 case and observed a pattern where in one instance it is the accused persons who are not ready to proceed and in the next instance it is their counsel who is not ready to proceed. In response to this the Magistrate acknowledged that the delay is brought about by the defence and issued them with the last adjournment.
Since arraignment, this case has never proceeded to hearing.
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March 14th, 2019 (Hearing): This case was found by chance in court #1 before Chief Magistrate J. Gandani.
The 2 accused were being represented by different lawyers, one being former Garsen MP Danson Mungatana.
There were three KWS officers in attendance, one being Gladys Tanui and she had some ivory with her is a sisal bag. They were sitting on the front left bench. Tanui produced at least one small tusk and was observed showing it to the prosecutor. Tanui also had a NNM ivory report with her.
When the case was called the prosecutor told the court that the charge sheet had to be amended. An adjournment was granted and the next hearing date set for June 12th, 2019.
