Today’s Court Update
September 6th, 2023 (Hearing): The prosecution today presented their last 2 witnesses. The first was the scene of crimes officer who presented photos of the two vehicles involved in this incident and the ivory exhibits.
The last witness was the IO, Chief Inspector Inoti. In summary, he recounted how KWS intelligence had information of ivory coming to Nairobi. Their undercover ‘buyer’ made contact with the accused. The two accused before the court were travelling in a vehicle from the Nakuru area. A second vehicle carrying the ivory was in a second vehicle being driven by a Vincent Mwangi coming from Nyeri.
The KWS ‘buyer’ met both vehicles at the Shell Petrol Station located by the Wilson Airport entrance. KWS arrested Mwangi and Musyoki while Nthuku fled the scene. KWS investigators found 6 pieces of ivory in a closed sack. Nthuku was later arrested. Vincent Mwangi became a witness for the prosecution based on phone data analysis that was later made.
That concluded the prosecution case. Adjourned to October 30th for submissions.
NOTE: At the close of CI Inoti’s testimony, Senior Principal Magistrate Temu asked him rhetorically, You people go for small operators covering the people who are involved in these wildlife crimes. How do you want the courts to help in ending the trade while the KWS don’t give us the big guys?
Case Overview
On September 30th, 2018, at approx. 19:00 hrs, the 2 accused were arrested near the Shell Petrol Station opposite the Weston Hotel, Langata Road, Nairobi, and found with with 6 pieces of ivory weighing 15 kg. They were using a Toyota Nze vehicle reg KBD 203D. The two were arraigned in Kibera court the following day.
Presiding Magistrate and Court: Hon. S. O. Temu – Senior Principal Magistrate Court 2 Previous – Hon. E. Boke – Chief Magistrate | |
State Counsel: | Advocates for the Accused: Not Represented |
Accused: 1. Menard Mulee Nthuku 2. Meshack Mutua Musyoki | |
Charges:
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Date of Arrest: 2018-09-30 | Date of Arraignment: 2018-10-01 |
Location of Arrest: Langata Road, Nairobi | Contraband Seized: 15 kg (6 piece) |
Proceedings
August 21st, 2023 (Hearing): The scheduled hearing did not take place as the two accused are now being represented by legal counsel. Their new counsel advised he will require all documents previously served upon the accused to date and requires at least two weeks to become conversant with the case.
In the process of settling on a new date, the court was made aware that today’s scheduled witness, Chief Inspector Inoti, is no longer the DCI designated Investigating Officer (IO) assigned to KWS. He advised the court that he is now working out of Uganda and has been replaced. CI Inoti had been the IO with KWS for at least the last 10 years. It remains to be seen whether his transfer will impact ongoing prosecutions before the court.
The matter is adjourned until September 6th for hearing.
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June 13th, 2023 (Mention): Today was the first time for this case for the newly transferred SPM Temu.
Both accused persons were present in court. When the Magistrate asked if they had legal representation, they responded that they did not. The Magistrate further asked the accused persons if they would wish to have the matter heard a fresh or proceeds from where the previous magistrate left it. They opted not to start a fresh because a lot of time had been consumed and a fresh start would definitely be a waste of time and it’s their intention to finish the case at the earliest.
The hearing will proceed where the previous Magistrate, CM E. Boke, had left off. Adjourned for hearing on August 21st.
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May 11th, 2023 (Hearing): CM E. Boke who has been hearing this case since arraignment in 2018 has been transferred. Her replacement has not arrived in station. Therefore, Court 2 matters were moved to Court 1 and Court 1 was handling the matters of two other courts besides. This scheduled hearing did not happen. Adjourned to June 13th for mention.
