Kibera Law Courts administrator one of the accused
Case Overview
They were jointly found to have in their possession 79 pieces of cut elephant tusks weighing 62 kgs in three sacks. They were being transported by a red Boxer motorcycle. The first accused, Arthur Kisia Mukira, is an administrator at the Kibera law courts.
Presiding Magistrate and Courtroom: Hon. Gideon Kiage Oenga – Principal Magistrate Court 2 Previously – Hon. Boaz Mauro Ombewa – Senior Principal Magistrate Court 1 | |
State Counsel: K. Kimau | Advocates for Accused: Kuria |
Accused: Arthur Kisha Mukira Joseph Soteh Gwini | |
Charged:
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Date of Arrest: 2023-08-30 | Date of Arraignment: 2023-08-31 |
Location of Arrest: Rubis petrol station – Mukuru Kwa Njenga Eastem bypass | Contraband Seized: 62 kg (79 pcs) |
Proceedings
#12. April 18th, 2024 (Mention): The matter was presented before Hon. Ombewa who recused himself from this matter as he knows the accused, The prosecutor Mr. Kamau asked for more time to finalize the plea bargain. Defence counsel agreed and a further mention has been is set for June 6th, 2024.
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#11. March 28th, 2024 (Hearing): The scheduled hearing did not take place. The two accused have submitted a request for plea bargain. The matter will be mentioned again on April 18th, 2024.
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#9. January 31st, 2024 (Hearing): This had been scheduled as a hearing the day previous but was adjourned for today when the court was not sitting. Defence counsel and accused were not present so a mention date of February 5th has been set for directions. A memo will be sent to the defence.
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#8. January 30th, 2024 (Hearing): Today’s hearing did not take place as the court was not sitting, reported to be in training. The matter will be heard tomorrow, January 31st, to set a date for the next hearing.
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#7.November 30th, 2023 (Mention): Today’s mention was for the sole purpose of ensuring that the first accused was served with disclosure documents in person. This was done by a representative of the investigating officer. Next court date is January 30th, 2024, for the first hearing.
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#6. November 27th , 2023 (Mention) Present in court was the magistrate Hon. Kiage, the 2nd accused and the prosecution. For the prosecution, Madam Jillo was holding brief for state counsel.
#4. September 28th, 2023 (Mention): The trial magistrate, SPM Ombewa, was away on official duties. He had already recused himself from this matter in any event. PM Oenga was on leave.
With both magistrates absent, the Hon. SPM Wanyanga of Thika courts presided over today’s matters. Consequently, this matter was not addressed until 2:30 pm. Both parties agreed to another mention date and it was adjourned to October 25th to set the first hearing date.
#3. September 14th, 2023 (Mention): This matter was in court 1 and Hon. Boaz Mauro Ombewa. The first accused, Arthur Mukira was present but the second accused, Joseph Gwini was absent. Mr Kuria, advocate representing both accused, informed the court that Mr. Gwini was attending a funeral and had asked to appear virtually.
Today’s mention was to prepare for a trial hearing and the IO was expected to be present but had advised the court that he could not attend. With both the IO and second accused absent, the matter was adjourned to September 28th, 2023.
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#1.August 31st, 2023 (Plea): This is the first appearance in Kahawa Courtroom 1 before Senior Principal Magistrate Ombewa. Both accused pleaded not guilty. It will be mentioned again on September 14th.
