Seven Years Imprisonment Without Fine Option
#23. October 19th, 2023 (Mention – Sentencing):
Lemoltelei Kiplelan and Tigon Tidongo were today sentenced by Senior Resident Magistrate Cynthia Mercy Muhoro, to seven years imprisonment without a fine option. The sentence also applies to Gabriel Wambugu Kiarie who has a warrant outstanding for his arrest.
Case Overview
On November 26th, 2021, KWS investigators received intelligence of persons in Rumuruti looking to sell ivory. They made contact with Gabriel Kiarie and arranged for a meet the following morning, November 27th. The KWS ‘buyer’ arranged for a vehicle for Kiarie and the two other accused who left the meet and returned approximately 90 minutes later at the Route Hotel. They had with them 18 pieces of tusk pieces weighing 41 kg contained in two sacks. They were all arrested. On interrogation, the accused told investigators that they were looking to sell their ivory for KSH 100,000 per kilo. They were arraigned before Hon. Senior Resident Magistrate Cynthia Mercy Muhoro in Nyahururu law courts on November 29th, 2021.
Presiding Magistrate and Court: Hon. Cynthia Mercy Muhoro – Senior Resident Magistrate | |
State Counsel: | Advocates for the Accused: |
Accused: 1.Lemoltelei Kiplelan 2.Tigon Tidongo 3. Gabriel Wambugu Kiarie – warrant of arrest | |
Charged:
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Date of Arrest: 2021-11-27 | Date of Arraignment: 2021-11-29 |
Location of Arrest: Route Hotel, Rumuruti Town | Contraband Seized: 41 kg ivory (18 pcs) |
Proceedings
#22. September 19th, 2023 (Mention): The purpose of today’s mention was to ascertain if the 3rd accused, Gabriel Wambugu Kiarie, had yet been apprehended, and if so, to set a date for sentencing.
He was still absent and the warrant for his arrest extended. The first two accused were present, still being on remand pending sentencing. This has been adjourned for another mention date of October 19th, 2023.
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#21. September 5th, 2023 (Sentencing): The first two accused were present (on remand) but the third, Gabriel Wambugu Kiarie, was still absent. Sentencing will be delayed pending his apprehension so a mention date was set for September 19th.
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#20. August 10th, 2023 (Judgement): The judgement was given in absentia of A#3. All found guilty. Warrant issued for Wambugu Kiarie. Sentencing scheduled for September 5th.
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#19. July 4th, 2023 (Submissions): The matter was coming up for hearing, for parties to make submissions. Two accused (Lemoltelei Kiplelan and Tigon Tidongo on remand) were present. The other accused person, Gabriel Wambugu Kiarie, out on bail, was not present in court. His lawyer did not know why he wasn’t present or his whereabouts.
The other two accused present expressed displeasure with the delays in the case so far and claimed they were worried that Gabriel Wambugu Kiarie “who is the one who knows what the case is about” has recently been missing court dates.
Gabriel Wambugu Kiarie’s lawyer was supposed to make submissions but claimed he was not ready to proceed. The Magistrate was unimpressed and gave him 7 days to make submissions in writing and stated judgement will be rendered on 10th August 2023.
This has been the 19th court sitting of this prosecution since arraignment.
