2023Active Case IndexWildlife Crime Courtroom Watch

E1076/23 Meru – R. vs. Harrison Gitonga Kanake and Hassan Ali Galgalo 79.6 kg ivory

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SEEJ-AFRICA
KWS arrested 2 men, one a serving police officer, travelling in a Toyota Probox found to contain 23 tusks.

Today’s Court Update 

#12. September 10th, 2024 (Hearing):  Today’s scheduled hearing went ahead with one witness. All relevant persons were in attendance. The ivory exhibits were present in court.
 
 The witness today was kws ranger A.B., currently at Isiolo station. His roles are to patrol, arrest, and prosecute lawbreakers.
 
On the 12th August 2023, he received a phone call from Sgt. C.D. about intelligence information of elephant tusk sellers in Meru. He met C.D. Corporal E.F. and left the Isiolo office in an unmarked car to Meru KWS station.They were briefed at Meru station and Sgt. G.H. was to pose as the buyer. Sgt. G.H., using the office phone, communicated with the suspects and agreed to meet at Magunas supermarket in Meru. 
 
Sgt. C.D. and the witness acted as surveillance. Sgt. G. H.  was approached by a vehicle KCG 749F that parked near him.  The witness and C.D.  were signalled.  They approached the car as it was clear the two male occupants were the suspects.
 
Sgt. C.D. switched off the engine of the vehicle and the suspects were taken out of the vehicle. Sgt. C.D. searched the vehicle and found the 23 pieces of elephant tusks in different sacks with the following: 3 green sacks, 2 white sacks, 2 manila papers, one biriyani rice sack, a black button, and handcuffs with police serial numbers.
 
The suspects did not have necessary permits to have the ivory so they were arrested and taken to KWS Meru station.
 
The witness was one of the officers who filled in the inventory and he confirmed it before the court.
 
 

Case Overview

On August 12, 2023, a team of police and KWS officers stopped a vehicle in the Meru area found to contain 23 tusks weighing 79.6 kg. A serving police officer, Police Constable Harrison Gitonga Kanake was arrested with a Hassan Ali Galgalo. It is reported that they were enroute taking the tusks to a buyer.
 
Both have been arraigned in and have pleaded not guilty before a Meru court.
 
On January 28th, 2023, police officer Francis Muyambi M’Imaana was arrested and charged for possession and dealing in 22 kg of ivory in the Meru area, a case that is also before the Meru court.
Presiding Magistrate and Court:
 
Hon. John M. Njoroge – Chief Magistrate Court 2
 
State Counsel: 
 
Advocates for the Accused: 
Counsel 1. : Mr. Omwega
Counsel 2. : Mr. Githinji
Accused: 
1.Harrison Gitonga Kanake
2. Hassan Ali Galgalo
Charges: 
  1. Possession of wildlife trophies of endangered species contrary to Section 92(4) of the WMCA.
  2. Dealing in wildlife trophies of endangered species contrary to Section 92 (2) WCMA.
 
Date of Arrest:
2023-08-12
Date of Arraignment:
2023-08-14
Location of Arrest:
Meru
Contraband Seized: 
79.6 kg (23 piece)

Proceedings

#11. June 20th, 2024 (Hearing):  Today’s scheduled hearing did not take place. All relevant persons were in attendance except for the prosecution witnesses, apparently due to a miscommunication. It was not clear as to who was responsible for the miscommunication.
 
The prosecution prayed for another hearing date, the defence was ready to proceed but didn’t oppose. The next hearing date is set for September 10th, 2024. 
 
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#10.  March 28th, 2024 (Hearing):  The accused persons were in court, but the the prosecution was not ready to proceed.  The 1st witness had another matter in Isiolo, while the 2nd and third witnesses were not readily available ;the third witness is stationed at  Marsabit and was not able to make it to court.
 
The court set another hearing date on June 20th,  2024.
 
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#9. January 25th, 2024 (Ruling):  All relevant persons in court today for the ruling. The magistrate has denied the first accused person access to the motor vehicle seized at the time of the arrest and found to be ferrying 79.6 kg of ivory. He insisted that the vehicle has not been presented to court since the case commenced and Section 105 of the WMCA states that the vehicle should be forfeited to the state in case of conviction. The release of the vehicle may lead to an accident, damage or even theft, while it’s still part of the exhibits meaning that there will be evidence tampering.
 
The magistrate has ordered the vehicle be protected by the KWS until this matter concluded and a decision made on forfeiture or release. He has acknowledged that the accused person submitted all evidence that he bought the vehicle from one Isaack Maina with the necessary documentation of ownership by NTSA did collaborate that.
The matter is adjourned for a hearing date of March 28th.
                                     
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#8. November 23rd, 2023 (Mention – Hearing of Application): The mention today was concerning the arguments relating to the seized motor vehicle and its release. A#1, through counsel, argued that the vehicle has been in police custody for over three months and the investigation should be concluded. The prosecution made it clear that the elephant tusks were found in the vehicle and so the vehicle is a crime scene and the release of it will tamper with the evidence. The vehicle in this case is an exhibit the prosecution will be using to build the case against the accused persons. The court was also advised that the investigation is still continuing.
 
The matter will be continued on January 25th, 2024.
 
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#7.  November 7th,  2023 (Hearing)- The accused persons were in  court represented by their respective counsel. The first accused person presented NTSA (National Transport and  Safety Authority) documents stating ownership of the vehicle. Prosecution has prayed for more time to be supplied with supplementary affidavit by the IO. The matter has been adjourned to November 23rd, 2023.

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#6. October 19th, 2023 (Mention – Pre-trial): The prosecution today opposed the release of the motor vehicle and requested more time to complete the investigation. The counsel requests to be served with the exhibit documents. A hearing date was set for November 7th.
 
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#5. October 12th, 2023 (Pre-trial Mention): For today’s mention, both accused were in court with their respective counsel. The mention was in relation to seized motor vehicle and an application made to release.  The next court date is October 19th, 2023.

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#4. September 28th, 2023 (Mention): All present for this mention. Statements had not been provided to the accused persons. The magistrate so ordered and October 12th, 2023 was set for the continued pre-trial.

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#3. September 27th, 2023 (Certificate of Urgency): DNA – believed to be in regard to the seized vehicle. To be confirmed.

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#2. August 29th, 2023 (Pre-Trial Mention): The IO advised the court that a confiscated phone is still subject to investigation. The case has been adjourned for a mention date of September 28th, 2023.The accused are not in custody.

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#1. August 14th, 2023 (Plea): It is presumed that the accused were arraigned on this date. More information to follow on September 28th after the next court appearance.

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