Proceedings
#28. August 8th, 2024 (Hearing): Today’s hearing did not take place. It was marked as an adjournment for a hearing on September 17th.
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#27. June 4th, 2024 (Mention): Hearing date set for Aug 8th, 2024. (SEEJ-AFRICA not in attendance)
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#26. March 13th, 2024 (Mention): Hearing date set for June 4th, 2024. (SEEJ-AFRICA not in attendance).
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#25. March 4th, 2024 (Hearing): The matter came up for Mention to set a hearing date . All accused were present and represented except for the 4th accused. The court was advised by defence advocate Mr. Kimani that Ms. Mukundi for 4th accused was unavailable and had information A#4 could not travel from Taita Taveta.
The court did not receive any documentation to verify and so a warrant of arrest was issued for Amos Saisi Mbakulu. The next court is a Mention slated on March 13th 2024.
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#24. December 14, 2023 (Defence Hearing): Today’s scheduled defence hearing did not take place. While two of the accused were not present, (their advocates were in court), it was the prosecution that requested an adjournment so she could have time to familiarize herself with the case. She initially requested a mention date to schedule a hearing date but the defence objected and the court agreed with defence. This would perhaps indicate that the prosecutor who has been handling court 2 matters, Mr. Kiprono, is on transfer. The next hearing has been scheduled for March 4th, 2024.
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#23. November 1st, 2023 (Mention): The court set a defence hearing date of December 14th.
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#22. October 24th, 2023 (Mention): The first accused was the only one not in attendance and the prosecution prayed for a warrant to be issued and another mention date to be set. Hon. Kiage Oenga held that the other three accused are not required to attend the next court date physically as they had travelled from far. A mention date was set for November 1st, 2023.
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#21. October 5th, 2023 (Mention): With the Hon. Kiage Oenga on leave, this matter was heard in court one before SPM Oscar Wanyanga of Thika court. The court session did not begin until approximately 14:00 hrs, perhaps indicating that SPM Wanyanga dealt first with his Thika matters before travelling to Kahawa.
According to the advocate representing the 1st accused, John Adongo Nyilima had an emergency and communicated to her that he would be joining the session virtually. However, he did not attend virtually or in person. The magistrate asked whether this was an action agreed upon by both the court and the accused, which revealed that the accused took this action without the court’s approval or knowledge.
It was agreed that the next court date would be October 24th for mention.
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#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.
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#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 submissions.
Next court date: 14th August 2023.
Purpose: Mention to confirm filing of submissions.
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#16. 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 testified in the examination in chief on a 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 adjournedto July 21st due to a KWS witness absent and reported to be away on another case.
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#15. June 8th, 2023 (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. (SEEJ-AFRICA not in attandance)
