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Reading: 663/20 Kibera – R. vs. Rose Khayanga Situma and 3 others 2.8 kg ivory and leopard skin
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Seej Africa > Blog > 2020 > 663/20 Kibera – R. vs. Rose Khayanga Situma and 3 others 2.8 kg ivory and leopard skin
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663/20 Kibera – R. vs. Rose Khayanga Situma and 3 others 2.8 kg ivory and leopard skin

SEEJ-AFRICA
Last updated: May 6, 2024 11:33 am
SEEJ-AFRICA Published September 5, 2023
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Today’s Court Update
 
#42. May 6th, 2024 (Hearing):Today’s scheduled hearing did not take place. The presiding Magistrate was off on leave. Court 6 handled the file and the next hearing date was set for June 13th.

Case Overview

On July 18th, 2020, in the afternoon and in the area of the Nyayo Stadium stage along Langata Road, the four accused were arrested by KWS investigators.  The four were in the process of dealing with one elephant tusk piece weighing 2.8 kg and one leopard skin.  They were arraigned before a Kibera court two days later. 
 
Presiding Magistrate and Court:
Hon. Ms.  M.W. Murage – Principal Magistrate Court 5
Previously – Hon. Derrick K. Kuto – SRM
Hon. Boaz Maura Ombewa – SPM
State Counsel:
Mr. Muindi
Advocates for the Accused:
 
Accused:      
1. Rose Khayanga Situma
2. Shikoku Robert Wafula
3. Silvanis Kioko Ngula
4. Amos Ngolanya Masya
 
Charged: 
  1. On September 25th, 2015 were dealing in wildlife trophies  contrary to Section 84 (1) arw Section 92 of the  WCMA.
Date of Arrest:
2020-07-18
Date of Arraignment:
2020-07-20
Location of Arrest: 
Nyayo Stadium area, Langata Road, Nairobi
Contraband Seized:
2.8 kg ivory (1 piece leopard skin)

Proceedings

 
#41. April 9th, 2024 ( Mention): The court set a hearing date of May 6th, 2024 for the last remaining accused. (SEEJ-AFRICA not in attendance)
 
***********************************************
 
#40.February 26th, 2024 ( Mention): The purpose of today’s mention was to ascertain the status of KWS’s search for the 4th accused, Amos Ngolanya Masya, who has been missing for the bulk of the trial with an arrest warrant outstanding.
 
Masya had been arrested and was presented to the court today.  A hearing date for the accused has been set for April 9th.  It is believed but not confirmed that the other three accused were previously found guilty and sentenced.
 
 
#39. January 17th, 2024 (Mention): Three accused are in custody while Amos Ngolanya Masya is still on the run. An arrest warrant is in effect. The IO requested 2 months to capture the accused person. He feels that with the assistance of the area chief, an arrest could be effected. A mention date of February 26th, has been set.
 
***********************************************
 
#38. November 30th, 2023 (Mention): DNA – Adjourned for mention to January 17th, 2024.
 
***********************************************
#37. October 23, 2023 (Mention): DNA – Adjourned for mention to November 30th. 
 
***********************************************
 
#36. September 27th, 2023 (Mention): This matter came up with none of the accused in court. The 4th accused is on the run and there is a warrant outstanding for his arrest. It is indicated that the other 3 accused have been found guilty and sentenced but this needs to be confirmed. The IO requested more time from the court to apprehend the 4th accused. A mention date of October 23rd has been set to produce him for the court.
 
***********************************************
 
#35. September 5th, 2023 (Mention):  The accused were not present in court. Three accused are in custody and one has absconded with a warrant issued for his arrest. This matter has been adjourned for another mention on September 27th.
 
To date, there have been 35 sittings of this prosecution before three different magistrates.
 

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

July 24th, 2023 (Mention): Did not attend (DNA)

 
 
June 13th, 2023 (Mention): DNA
 
 
April 11th, 2023 (Hearing): DNA – Last appearance before SRM D. Kuto.  Not known if a hearing took place.
 
March 19th 2021 (Mention): First appearance before SRM Kuto.
It had been heard on six occasions by SPM Ombewa.
 
July 20th, 2020 (Arraignment): Before SPM Ombewa.
 
***********************************************
 

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