Today’s Court Update
September 5th, 2023 (Hearing): Today’s trial continued with the testimony from two witnesses.
The first witness was Corporal Nickson Iragi of the DCI. He explained that on June 23rd, 2023, he and fellow officers conducted a planned operation. They stopped a Toyota Probox with three occupants: the driver, Patrick, along with the two accused, Mutembei and Kinoti.
During a preliminary inspection of the vehicle, the officers discovered a green sack and a black backpack in the car’s trunk. Upon further examination, they found two pieces of ivory concealed with dry grass inside the green sack, and a leopard skin in the black backpack. These items were subsequently presented as evidence in court.
The accused were taken to the Meru DCI offices for further interrogation and examination of the seized contents.
The second witness was Patrick, one of the vehicle’s occupants and an employee of Mutembei. Patrick testified that on the morning of that day, at around 9am, Mutembei (accused #1) asked him to accompany him to an undisclosed location. While they were en route, Patrick was driving, and Mutembei directed him to a petrol station in Kianjai area,where Mutembei made a phone call.
Within a short time, Kinoti (accused #2) arrived at the petrol station on a motorcycle. Mutembei and Kinoti engaged in a brief conversation, out of Patrick’s earshot, before the two suspects, Mutembei and Kinoti, left together on Kinoti’s motorcycle. Patrick was instructed to stay with the vehicle.
Patrick further testified that after approximately half an hour, Mutembei called him on the phone and provided directions to a specific location. When Patrick arrived at that spot, he found Mutembei, Kinoti, and a third person he did not recognize. On the ground where they were standing, there was a green sack, which the three individuals placed in the vehicle’s trunk. Subsequently, they all got into the car, and the unidentified third person directed Patrick on where to go next.
Patrick continued his testimony, stating that he was directed to another location where they encountered yet another person, whom he also did not recognize. This individual had a black backpack, which he handed over to Kinoti. Kinoti placed the backpack in the trunk alongside the green sack. They then departed from the scene, with the unidentified person providing directions.
Shortly thereafter, they encountered a parked vehicle partially blocking the road. Two armed men emerged from the vehicle, identified themselves as policemen, and instructed Patrick and the two accused to exit the vehicle. The officers proceeded to handcuff them and conducted a preliminary search of the vehicle. Eventually, they were transported to the Meru DCI offices.
The trial concluded. The next hearing is adjourned to September 28th, 2023.
Case Overview
On June 23rd, 2023, the police found the accused in Meru area and in possession of a quantity of elephant ivory weighing 25 kg. The two accused were arraigned in the law courts at Jomo Kenyatta International Airport on June 26th, 2023.
Presiding Magistrate and Court: Hon. NJERI THUKU – Senior Principal Magistrate Crt 1 | |
State Counsel: | Advocates for the Accused: |
Accused: 1. Martin Kinoti Kimbere 2. Douglas Mutee (Mutembei) | |
Charged:
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Date of Arrest: 2023-06-23 | Date of Arraignment: 2023-06-26 |
Location of Arrest: Meru | Contraband Seized: 25 kg |
Proceedings
September 4th, 2023 (Hearing): The advocate for the accused advised the court that he was missing a document and a dispute entailed with the prosecution as to responsibility for such. SRM Thuku gave both sides the day to correct the matter and to return tomorrow to continue with the hearing. Matter adjourned to September 5th.
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August 1st, 2023 (Hearing): The accused Kinoti did not attend due to an unspecified emergency. As a result the previously scheduled August 7th hearing was cancelled and adjourned for a new hearing date set for September 4th.
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July 3rd, 2023 (Mention): This matter was coming up today for pre-trial as well as for the court to make its determination with regards to releasing the accused persons on bail/bond. The accused persons were both present in court but did not have any legal representation.
For pre-trial, both the accused persons were supplied with documentations that the prosecution sought to rely on save for the report from the Museum of Kenya and letter from the National Transport and Safety Authority (NTSA) capturing registration particulars for the seized motor vehicle.
The court issued each of the accused person Bond of Kshs. 2,000,000/= + 1(Surety of Similar Amount) + 1 contact person.
Both of the accused persons requested for a review of bond terms, which the prosecutor opposed. The court having heard the accused persons and subsequently the prosecution sought to retain the bond terms as previously stated.
Hearing dates assigned to August 1st and August 7th.
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June 26th, 2023 (Arraignment): The two accused pleaded not guilty to the charge before the court. This is the third ivory case to be brought to JKIA law courts involving arrests from outside the area. Case adjourned to July 3rd, 2023 for mention.
