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Reading: E021/23 Kahawa – R. vs. Mohamed Abdirahman Ahmed 6 kg Ivory
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Seej Africa > Blog > 2023 > E021/23 Kahawa – R. vs. Mohamed Abdirahman Ahmed 6 kg Ivory
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E021/23 Kahawa – R. vs. Mohamed Abdirahman Ahmed 6 kg Ivory

SEEJ-AFRICA
Last updated: September 4, 2024 3:15 pm
SEEJ-AFRICA Published August 24, 2023
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Today’s Court Update
 
 
#15. July 3rd, 2024 (Hearing): The court adjourned the matter and the hearing did not take place, possible demonstrations issue. New date set for September 2nd.
NOTE: The scheduled September 2nd hearing did not take place as the Hon. Magistrate was on leave. The hearing has been re-scheduled for November 4th, 2024.

Case Overview

On the evening of February 22, 2023, police from the Mombasa Road police station received information of two Somali men and a Boda Boda rider in the area of Cabanas stage acting in a suspicious manner. Police attended the area and found men matching the description with 2 bags containing 4 pieces of ivory weighing 6 kg. They were arrested and one of the suspects is reported as admitting possession, having obtained the tusk pieces on a recent trip to Mbale, Uganda.
Presiding Magistrate and Court:
 
Hon. Gideon Kiage Odenga  – Principal Magistrate Crt 2 
State Counsel:
 1. Kimau
Advocates for the Accused:
  1. Mr. Okatch
Accused:      
  1. Mohamed Abdirahaman Ahmed
 
Charged: 
  1. Being in possession of wildlife  trophy  contrary to Section 92 (2) WCMA.
Date of Arrest:
2023-02-23
Date of Arraignment:
2023-02-24
Location of Arrest: 
Cabanas Stage, Nairobi
Contraband Seized:
 6 kg ivory (4 pcs)

Proceedings

 
#14. May 6th, 2024 (Hearing): Today’s scheduled hearing did not take place.  The accused could not proceed as defence counsel was not feeling well. The prosecution could not proceed as the IO had been involved in an accident. This is the third time in recent weeks that prosecution witnesses from the Nairobi have been involved in accidents.
 
The prosecution requested another hearing date and made an application on getting warrants of arrest against a witness. The prosecution mentioned that there was a bonded witness by the name  Salim Wesonga who refused to appear in court. Summons were issued on 20 day of September and he has not responded. He was meant to appear on November 2023 but he failed to show. The prosecution prayed for warrants to issue to Salim Wesonga.
 
Court allowed application and issued a warrant of arrest. Next hearing set for  July 3rd. 
 
***********************************************
 
#13. March 13th, 2024 (Mention): All relevant persons present. The next hearing date set for May 6th, 2024.
 
***********************************************
 
#12. March 4th, 2024 (Hearing): The scheduled hearing did not take place as the trial prosecutor was away on official duties and there was only one remaining prosecutor for two courts.  Prosecution requested another mention date to set a hearing date. The matter was so adjourned to March 13th for a mention.
 
***********************************************
 
#11. January 24th, 2024 (Hearing): The hearing did not proceed.  Prosecutor, Ms. Gacheru, mentioned that this was Mr. Kamau’s case and he had informed her that he would be unable to proceed because they could not track the witness who was to testify in court. She noted that the witness is a civilian and efforts to trace him had not borne fruit as he was out of town. She sought the court indulgence. The defence had no objection to adjournment. The court set another hearing date for 4 March 2024.
 
The last witness would appear to be an boda boda (motorcycle taxi) operator who has failed to appear on four previous occasions including today.
 
***********************************************
 
#10. November 16th, 2023 (Mention): A hearing date was set today for January 24th, 2024. The accused’s counsel stated that his client missed the last court date due to illness and provided documents to support this. There is one remaining prosecution witness who has not attended the last four hearing dates.
 
***********************************************
 
#9. November 7th, 2023: (Hearing): Today’s scheduled hearing did not take place. The accused, his counsel and the one remaining witness were all absent. The matter was adjourned to November 16th for mention.
 
***********************************************
 
#8. September 12th, 2023: (Hearing):  Today’s hearing took place with all relevant persons present, including the accused who is out on bond. The hearing commenced at approximately 11am, with one witness PW5. This was the  KWS sergeant who handled the seized ivory exhibits.  She recounted how on March 15th, 2023, on notification from her supervisor, she attended the Mombasa Road police station.
 
She met the OCS and IO, was handed the exhibits, the original file, and was briefed on the arrest and seizure that had happened on February 23rd. She weighed the ivory and found it to be 5 kg. It was agreed with the IO, P.C. Muli, that he would contact all required witnesses for trial. An inventory was also prepared by the IO.
 
She then took everything to KWS for processing and prepared an exhibit memo for NMK dated March 15th, 2023. She took the exhibits to the museum that day. All related documents were presented to the court as evidence.
 
The last witness for the prosecution, a Salim Wesonga, was due to testify but is ignoring summonses to testify. Wesonga is a boda boda (motorcycle) operator and reportedly witnessed the accused and one other with the ivory.
 
The prosecution requested a warrant for his arrest as he has not attended on the previous three hearings. Next hearing adjourned to November 7th, 2023.
 
 
***********************************************

#7. August 24th, 2023 (Hearing): The hearing continued with testimony from two witnesses:

Police Constable Titus Matheka (PW3): He is stationed at Mombasa Road police station. On February 22, 2023, he was working with P.C. Polycarp Masai (testified earlier), who received information from the public of two Somali men and a Boda Boda rider acting in a suspicious manner in the area of Cabanas.

They proceeded to the area ( it was approx 19:00 hr) and observed the suspects with two bags. Upon searching, the four pieces were found in the two bags. The bags and ivory were presented to the court. PW3 stated that the accused advised that the bags were his but he (PW3) observed them in the possession of the other suspect.

The three men were all arrested and taken to the police station.  

Police Constable Paul Muli (PW4): On February 22, 2023, P.C.’s Matheka and Masai brought in two suspects in possession of wildlife trophies. They were booked at 00:27 hr. He was tasked to look into the matter.

He stated that he interrogated one Abdulzac Ahmed and the present accused. The accused admitted that the ivory was his. Multi noted that the accused said that on January 9th, while on a trip to Uganda as a turn boy, he got the trophies at a place called Mbale (near Mount Elgon National Park).  He stored them at Eastleigh and a friend of his was helping him find a market. With the information he found it prudent to release the other suspect and proceeded to charge accused with dealing with wildlife trophies.

He was cross examined on the procedure to obtain a confession, the witness stated that a confession has to be recorded from a police officer of a higher rank than a police constable. He did not record a confession, but a statement.

The prosecution advised the court that there are 3 more witnesses. The next hearing date is set for September 12th and the court requested that all three witnesses attend.

***********************************************

#6. July 24th, 2023 (Hearing): Only one witness testified today, an expert from the NMK (PW2). She confirmed after testing that the tusk exhibits were elephant ivory. The further stated that the four pieces were 2 tusks cut in half and that they had been infected by insects indicating that had been lying on the ground. She confirmed that the tusks before the court were the tusks she had tested.  Next hearing date set for August 24th.

 
***********************************************
 
#5. May 16th, 2023 (Hearing):   One prosecution witness testified, P. C. Polycarp Masai (PW1). The accused was present and represented.
Masai testified as to the arrest process and produced the ivory and the bags that contained them. 
 
He stated that the accused provided a statement that he had bought the ivory in Uganda when he was working as a turn boy.  
 
P.C. Masai said that the three accused were caught ferrying the ivory from Eastleigh to Cabanas, a bodaboda rider, the other was found in possession in the bag he carried while the other, also had a bag, but it did not contain any ivory.
 
Hearing adjourned until July 24th, 2023.
 
 

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