E021/23 Kahawa – R. vs. Mohamed Abdirahman Ahmed 6 kg Ivory

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.