2015Active Case IndexWildlife Crime Courtroom Watch

5425/15 Kibera – R. vs. Kim Young, Patrick Willy Mutuku and Dennis Paul Yandi 4.54 kg ivory (worked)

SEEJ-AFRICA
SEEJ-AFRICA
Today’s Court Update
 
August 30th, 2023 (Mention):  With the first accused, Kim Young (a reportedly South Korean national), having recently absconded, this mention was for the purpose of deliberating the next course of action for the courts. The second and third accused and their advocates were present.
 
Deliberations were conducted in chambers and a report had been prepared by IO regarding the whereabouts of Kim Young.  The court has announced that they will give Interpol one month to apprehend Young and re-convene on October 4th, 2023 for mention.
 
This file has now gained “lock and key” status meaning that the file stays in the presiding Magistrate’s chambers and is not returned to the registry.
 
It has been learned that there are irregularities with the title deed surrendered to the court by the first accused as part of the bail process. It has also been learned that the court returned Kim Young’s passport to him in recent months after he had been appearing in court regularly since December 2015. He absconded shortly thereafter.
 

Case Overview

This case involves the sending of 100 cylindrical worked ivory pieces though air post from Nairobi to the Netherlands by the three accused persons. One parcel of 50 pieces weighing 2.245 kg was mailed on September 25th, 2015. A second package was sent on December 4th and consisted also of 50 pieces but weighing 2.3 kg.
 
The accused were arrested on December 23rd and arraigned in court on Christmas Eve.  It has been before the courts for 7 years 8 months. 
 
A prolonged prosecution can be seen as an indicator of a compromised case.
Presiding Magistrate and Court:
Hon. Monicah Maroro  – Principal Magistrate Court 8
 
State Counsel:
 
Advocates for the Accused:
Mwanzia Elijah Kyule (for 2nd and 3rd accused)
Accused:      
1. Kim Young
2. Patrick Willy Mutuku
3. Dennis Paul Yandi
 
Charged: 
  1. On September 25th, 2015 were dealing in wildlife trophies  contrary to Section 84 (1) arw Section 92 of the  WCMA.
  2. On September 25th, 2015 packaged goods for export purposes in a manner intended to deceive the Customs contrary to Section 202 (b) East African Community Customs Act (EACCMA).
  3. On December 4th, 2015 were dealing in wildlife trophies  contrary to Section 84 (1) arw Section 92 of the  WCMA.
  4. On December 4th, 2015 packaged goods for export purposes in a manner intended to deceive the Customs contrary to Section 202 (b) EACCMA.
Date of Arrest:
2015-12-23
Date of Arraignment:
2015-12-24
Location of Arrest: 
Express Mail Service, Tom Mboya St, Nairobi
Contraband Seized:
4.5 kg ivory (2 parcels)

Proceedings

 
July 6th, 2023 (Mention): The matter was up for mention to confirm the apprehension and production of the 1st accused, who absconded court and has since not been traced.
 
The first and second accused were present in court with their advocate. 
 
The prosecutor informed court that the accused was identified to be in Addis Ababa and that they are liaising with Interpol to apprehend the 1st accused and repatriate him back to Kenya.
 
PM Maroro made it clear that she will only read the judgment once the 1st accused is apprehended. This was contrary to an earlier cause list that indicated that a sentencing was scheduled. 
 
***********************************************
 

June 6th, 2023 (Mention): The matter was slated for mention so that the court can be updated on the progress made in locating the 1st accused. 

The new IO (CI Inoti has been re-assigned) informed court that
he is new to this case and required more time to locate the 1st accused. He assured court he had now appraised himself fully with the matter and that he has taken details of surety, passport details of the 1st accused and details of the land used to secure the accused person’s bond.

This details according to the IO would enable him follow up with the land’s registry and immigration’s department and lastly locate the surety.

The court granted the IO one month with the option of the case being mentioned as soon as the 1st accused is apprehended (even if it is tomorrow).

It was learned that the 1st accused did attend court faithfully throughout the subsistence of the case without fail but on the day the matter was initially slated for sentencing (or judgement?) he never returned at the
time allocated by court for sentencing and was never to be seen again.

He further stated that, the 1st accused did build a good rapport for dutifully attending court and this enabled him have his passport
returned to him prematurely.

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

 

You Might Also Like

565/20 Kibera- R. Vs Jesse Mwangi Karanja, Ngugi Muigai, Catherine Kabura 3 kg

E212/23 Mariakani – R. vs. Ngari Charo Kahindi 4 kg Ivory

E111/22 Shanzu – R. vs. Changawa Kazungu Masha 6.2 kg + Hippo tooth

E737/20 Kajiado -R. vs. Dennis Maheli Alima and David Ajwala 81pcs of ivory and hippo tooth

E068/22 Kahawa – R. vs. John Nyabuto Mosago, Andrew Maina Maenda, Henry Nyabuto Ongaki, Peter Babu Onduso 26.5 kg Ivory

Share this Article
Previous Article E1076/23 Meru – R. vs. Harrison Gitonga Kanake and Hassan Ali Galgalo 79.6 kg ivory
Next Article E102/23 Kahawa – R. vs. Arthur Kisia Mukira and Joseph Soteh Gwini 62 kg Ivory
Popular News
Lost your password?