Today’s Court Update
#22. September 19th, 2023 (Mention): Both accused were present and unrepresented. The court has set another mention date for October 3rd and the next hearing date remains at October 31st.
This has been the 22nd sitting of this case in the Voi law courts since the arraignment on December 15th, 2022.
Case Overview
On December 14th, 2022, KWS officers found the two accused persons in the Bugata area of Taita Taveta county with 209 kg of ivory comprised of 14 tusks.
This seizure by KWS is the largest reported seizure in Kenya since August 2018 when 234 kg of ivory was seized in Malili town.
Presiding Magistrate and Court: Hon. C.K. Kithinji – Principal Magistrate | |
State Counsel: | Advocates for the Accused: |
Accused: 1. Salim Chibonja Myala 2. Chivoro Ndamau Chivoro | |
Charges:
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Date of Arrest: 2022-12-14 | Date of Arraignment: 2022-12-15 |
Location of Arrest: Bugata area, Taita Taveta County | Contraband Seized: 209 kg |
Proceedings
#21. September 5th, 2023 (Hearing): Today’s scheduled hearing took place and one witness testified, the KWS officer who acted as the undercover buyer in this investigation. He told the court of the events leading to the 02:30 hrs ‘buy’ and how he was stabbed in the chest by the first accused, Myala, during the arrest. The KWS team arrested the two accused and seized 14 pieces of ivory weighing 209.5 kg. There were others who escaped.
Today’s witness was the first to testify in this prosecution since arraignment last December 1922.
The seized ivory was set out for the court to see.
The court has set September 19th as a mention date and the next hearing will be on October 31st.
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#20. August 29th, 2023 (Mention): Both accused were present in court and again without representation. Hearing date remains as is on September 5th, 2023.
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#19. August 15th, 2023 (Mention): Both accused were in court without representation. Principal Magistrate C.K. Kithinji adjourned for a mention date for August 29th, 2023 and hearing date of September 5th, 2023.
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#18. August 1st, 2023 (Mention): DNA – not confirmed that the scheduled hearing took place. Two witnesses were scheduled
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#17. July 18th, 2023 (Hearing): DNA – not confirmed that the scheduled hearing took place. A mention date was set for August 1st and final hearing date of September 5th, 2023.
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#16. June 27th, 2023 (Hearing): The scheduled hearing was adjourned as PM Kithinji was on leave.
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#15. June 13th, 2023 (Mention): No details beside next mention June 27th and hearing on July 18.
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#14. June 8th, 2023 (Hearing): The scheduled hearing did not occur due to an administrative error within the courts. This case was not on the cause list. The registry advised it had initially been mistakenly scheduled for July 8th which was a Saturday and as a result it was re-scheduled for June 13th for mention. The accused were not. To compound the matter, the case was also in court 2 which was not sitting today due to a Mombasa workshop.
This matter was not officially adjourned as it was not heard in a court. June 13th for mention. This case may have been moved to Court 2.
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May 30th, 2023 (Mention): Adjourned to June 8th for hearing.
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April 19th, 2023 (Mention): Details unknown but before T.N. Sinkiyian SRM in court 3.
