E073/22 Kahawa – R. vs. Peter Chege Kamau, John Kariru Wanjiku 43.4 kg ivory

The witness introduced himself as TP, sergeant from KWS deployed in security department as investigator. He noted that he is based at KWS headquarters at Langata.

 

He stated that he was the team leader and arresting officer in this case and that on 5 August 2022 around noon, while in office, a colleague came to him and informed him he had received intelligence information on people located in Ruiru area of Kiambu county, looking for potential ivory buyers. He then led a team comprised of ON, MO, and NP, where he deliberated on information received and to find a way of apprehending the suspects

 

He stated that around 1400hrs, he left office and headed to Ruiru area. At around 1700 hrs, reached Ruiru where ON proceeded and met one of the persons reported to be owners of the ivory. ON had a discussion with those people and by 1800 had reached an agreement. That person agreed he was to go and fetch ivory from unknown location and deliver it to ON at Ruiru. He noted that he himself was not present when ON was talking to the suspect but he was within Ruiru town. ON was undercover.

 

He noted that at around 20:00 hrs on that day, the persons who had approached ON came back and by that time they had already strategized on where delivery and exchange of cash would be done. That place was at the parking yard of Quickmart supermarket located within Ruiru town. 

 

Court noted here that it is for ON to state what the individual suspect stated (primarily) and said that is it not what this witness TP who heard those specific words primarily. The witness elucidated that ON was in constant communication with him and that is how he knew. Court reiterated that it is still not him who the suspect spoke to primarily.

 

The witness proceeded to state that he was within the parking of Quickmart when this was happening, Just a few meters from the vehicle. He stated that he was able to see the individual but it was his first time seeing him. After person who entered the vehicle left, ON came and told him that ivory would be delivered in a short while and was able to communicate to team.

 

Soon after four people approached  the vehicle and 2 men were carrying luggage’s (each person) wrapped in a manila sack. The two proceeded where the vehicle was carrying the luggages. The others were a man and a woman. He noted that at that time him, MO and NO, approached the vehicle, surrounded it and he introduced his team as a KWS officers and demanded to know what the four were carrying. At that point the individuals were reluctant to display content in manila sack and he checked on what was contained in the 2 manila sacks. He realised they were elephant ivory. He asked the individuals if they had certificate of ownership which they did not have and he was able to arrest the 4 individuals. 

 

The prosecutor asked him who he specifically received the luggage from? The witness noted that it was from the 2 men, Peter Chege and John. The accused were accompanied by 2 other individual later identified as Janice Gacheri and Richard.

 

The witness continued to state that given that they were in a public place, the commotion attracted the public and onlookers started surrounding the vehicle. He was able to lead his team to Githutwa police post located within in Ruiru town which was a safer ground to conduct further interrogation. While at the police post, he stated that he was able to take count of exhibits recovered on 2 manila sacs which contained 16 pieces of elephant tusks (1st sack contained 9 pieces and 2nd sack 7 pieces).

 

He then stated that he was able to prepare an inventory from exhibits on the 16 pieces. It was signed by the 4 arrested persons and arresting officers. The Inventory was dated 5 August 2022 and produced as an exhibit.

 

He stated that he then weighed the 16 pieces of elephant tusks which totalled to 43.4 kgs. He weighed at police station and the certificate was signed by 4 arresting persons and arresting officers. It was produced as evidence and its dated 5 August 2022. He produced a calibration certificate to accompany weighing certificate to show that the scale used was correctly calibrated. This one was calibrated on 2021 (could not hear exact date in 2021)

 

He stated that he further interrogated the arrested persons and able to identify them before court. He stated that the 1st accused identified himself as Peter Chege, who – the witness noted – confirmed to be owner of ivory during interrogation (he points to him) and 2nd accused identified himself as John Kariru who confirmed he was in communication with ON and was the one brokering a deal on the sale of ivory (he identifies him in court). The other 2 are not before this court. He identifies the exhibits (the 2 manila sacks   – smaller having 7 and bigger having 9).

 

He noted that they were all cut pieces. Ivory had been marked already. He stated that because of carrying the luggage, they had to introduce 2 extra sack to carry each sack. 

 

At this point, court inquired whether the 2 extra sacks belonged to him? Witness said he cannot recall.  Witness continued, stating that he temporarily booked suspect at Githutwa Police Station vide OB no 09/05 August 2022. After, escorted 4 suspects to KWS for further interrogation and processing and later were booked at Langata police station vide no OB 48 of 5 August 2022. He noted that he further processed a chain of custody form which he handed over to IO (MO). He then recorded a statement regarding what had transpired.

 

When worked – how long has he worked for KWS, the witness stated that he had for over 10 years. He confirmed that on 5 August he led his team to make arrest and confirmed arresting 4 people. When asked where they were, he noted that they were adjacent to the vehicle.

 

The defence asked if the suspects were inside the vehicle? He stated that 2 people inside vehicle and 2 people had not entered the vehicle.

When asked if he recognised accused before arrest, he stated that he was not close enough to clearly see accused but could know them during arrest at around 8pm.

 

Defence counsel asked him how he was able to identify the small ivory pieces which he stated that he saw from the top of the sack. He confirmed that he does not have a scientific background/ training but he could identify from the general look. From his experience, he was able to identify. The defence reiterated that how could he have known, maybe it was an Ankole cows horn. The witness reiterated that from his experience, he was able to identify elephant ivory.

 

Defence asked how many inventories were done. The witness responded that he did only 1 inventory but recalled there was another inventory for mobile phones. He noted that he also did a weighing certificate. The defence counsel told him to read his inventory certificate which shows the total of ivory recovered, the location at 20:00 hrs, and stated that the purpose of inventory is to take count of recovered items.

 

The defence noted that the inventory does not state the time of when the inventory was done, just where the ivory was found. The witness stated that where arrest was done and inventory was prepared was in different places. The defence counsel noted that the certificate does not have place and time of where it was prepared.

 

The defence counsel inquired on how was he able to do weighing if police station doesn’t have the scales. He says he carries the machinery to weigh.

 

The defence counsel brought out that on interrogation, accused #1 confirmed he was the owner. She inquired whether there was a confession. The witness noted that there was no recorded confession. He reiterated that his role as team leader is to ensure safety of his people, arrested persons, the exhibits received, and smooth running of an operation. 

 

The defence counsel inquired on the four sacks stating that there were 4 sacks marked but he had stated that it is 2 sacks that contained the ivory. She insinuated that, that creates a possibility that there might have been evidence added. The witness stated that he did not know what was marked and cannot claim the 2 additional sacks were from him.

 

The witness re- affirmed that the place of recovery was at Quickmart as it is in inventory – that is Quickmart and time was 20:00 hrs.

 

He affirmed that weighing was conducted at Githutwa Police Station

When asked by prosecution counsel who conducts the weighing, he stated that as  team lead he can do or the IO. He re – affirmed that they carry their own weighing machine

 

He reiterated on the 4 sacks, stating that 2 suspects came in carrying to 2 bundle of sacks. 

 

Due to time and other lengthy hearing after (and it was already 4), the court agreed to adjourned the matter to another date to take the other witness’s testimony. The defence counsel had no objection. 

Hearing: June 18th, 2024.