Today’s Court Update
#20. September 15th, 2023 (Ruling): Today was set for a ruling as to whether the defence had a case to answer. The first accused was absent, reportedly unwell and admitted to a nursing home, the three other accused were present with advocates.
The ruling was scheduled to be delivered in the morning but the Hon. Magistrate did not arrive until the afternoon, citing an important obligation that had come as an emergency.
The court ruled that upon consideration of the evidence adduced by the prosecution, the court found that a prima facie case had been established upon all accused and all of them are put on their defence.
The court asked all defence counsel to share on how they intended to proceed with the matter including witnesses they intend to call upon. Defence counsel for 1st accused noted he has yet to receive instructions from client on how to proceed and prays for a mention date to confirm on how the defence counsel will proceed.
Court set the mention date to October 5th, 2023.
Case Overview
On May 7th, 2022, a team of KWS and police found the accused jointly in possession of 2 pieces of elephant tusks and 13 pieces of worked ivory weighing a total of 10.50 kg.
Presiding Magistrate and Court: Hon. Gideon Kiage Odenga – Principal Magistrate | |
State Counsel: 1. Kiprono | Advocates for the Accused:
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Accused:
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Charged:
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Date of Arrest: 2022-05-07 | Date of Arraignment: 2022-05-09 |
Location of Arrest: Ruiru, Kiambu County | Contraband Seized: 10.5 kg ivory (2 tusk pcs and 13 pcs worked) |
Proceedings
#19. August 28th, 2023 (Mention): All accused were present as were their advocates who confirmed that submissions have been filed. Principal Magistrate Kiage will make a ruling on a case to answer on September 15th, 2023.
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#18. August 14th, 2023 (Mention): The matter came up to confirm the filing of submissions. All accused were present except John Adongo.
The advocates of Hamisi Cassim and Alex Wanjau have not yet filed.
The Magistrate gave out some guidelines that the advocates should adhere to the time given and no accused person is supposed to be absent. The matter is adjourned August 28th to confirm filings.
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#17. July 21st, 2023 (Hearing): All accused and their advocates were present and ready to proceed. The last prosecution witness, the IO, Sgt. Joyce from KWS, gave her testimony on the arrest and detention of the accused.
The ivory was produced in court as exhibits and provided the testimony of getting information from cyber crime forensic unit. Six mobile phones were also part of the exhibits. The prosecution closed its case and a mention date was set to confirm if submissions have been filed.
The defence pointed that the witness reiterated statements previously heard from the arresting officer.
An error on the exhibit memo to NMK was also noted to which the witness did agree that an error had been made and that the correct date should have been 2022-05-10 and not 2022-02-1
Prosecution closed its case. All parties agreed to give 21 days to file submission.
Next court date: 14th August 2023.
Purpose: Mention to confirm filing of submissions.
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June 9th, 2023 (Hearing): All accused were present and were each represented. The prosecution had 2 witnesses however only 1 testified as the other was away handling a matter in Nanyuki.
The witness was a KWS officer part of the arresting team. He is the one that posed as a buyer. This witness had already had the examination in chief in the previous court date (as informed, it was on 5th April 2023).
The witness, when asked about the price of ivory when posing as buyer, noted that accused agreed on Kes 100k on every kilogram of ivory. The witness stated in cross examination that no dusting was done on the ivory.
The hearing should have concluded today but was adjourned to July 21st due to a KWS witness absent and reported to be away on another case.
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June 8th, 2023 (Hearing) Did not attend : There was also a hearing that took place the day previous that we missed. Before Hon. Gideon Kiage Oenga. The matter was coming up for a hearing. All accused and their advocates were present. Matter proceeded with 2 prosecution witnesses. One being the arresting officer who a KWS ranger and the other being a cybercrime expert forensic unit.
Note: As were not able to attend court, much could not be alluded on the testimony of the 2 witnesses
