Today’s Court Update
#10. June 24th, 2023 (Hearing): This hearing did not take place. The next hearing is scheduled for August 12th.
Case Overview
On August 22nd, 2023, at approximately 17:30 hr, at approximately 16:00 hrs at a Shell petrol station near Makadara Law Court junction, along Jogoo Road (east Nairobi) were found dealing with 12 pieces of cut elephant tusks weighing 4.8 kg. The wildlife trophies were being transported in a Nissan Sunny reg. KBJ 851C. The accused were arraigned at Kahawa Law Court the following day.
Presiding Magistrate and Court: Hon. Gideon Kiage Oenga – Principal Magistrate Crt 2 | |
State Counsel: Kamau | Advocates for the Accused: Ms. Ashubwe |
Accused: 1. Joseph Kobakuli Komomo 2. Evans Pkemel 3. Samuel Gitahi Ndungu | |
Charges:
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Date of Arrest: 2023-08-22 | Date of Arraignment: 2023-08-23 |
Location of Arrest: Jogoo Road near Makadara Court, Nairobi | Contraband Seized: 4.8 kg (12 pieces) |
Proceedings
#9. March 14th, 2023 (Mention): Hearing date set for June 24th. (SEEJ-AFRICA not in attendance)
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#8. March 5th, 2023 (Hearing): Today’s hearing did not take place. The lead prosecutor, Mr. Machira, is on training so for a second day in a row there is only one court sitting, today it is court 1 and this matter was before Hon. Ombewa. Present in court were the accused persons and the prosecutor, Madam Jillo, holding brief. The defence counsel Madam Mildred appeared virtually. The court and defence agreed on a virtual mention of March 14th to set a hearing date when the lead prosecutor is present.
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#7. November 30th, 2023 (Mention): All relevant present except for 3rd accused absent at his father’s funeral. Next hearing adjourned to March 5th.
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#6. November 15th, 2023 (Pre-Trial Mention): Hon. Kiage away on official duty so matter mentioned before Hon. Ombewa. Prosecution is still not ready with disclosure and requested another mention date. Matter adjourned to November 30th.
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#5. October 17th, 2023 (Pre-Trial Mention): The mention did not achieve its purpose today as counsel for the accused was not present and the prosecution advised that they are still waiting on the expert ivory report of the NMK. Matter adjourned to November 15th.
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#4. October 5th, 2023 (Pre-Trial Mention): With both Kahawa magistrates absent, all with scheduled matters had to wait for the arrival of SPM Wanyanga from Thika court who arrived at approximately 14:30 hr. Matters were heard in court 1.
It was intended to set a trial date which could not be done. Also defence counsel advised that they are still waiting for additional documents from prosecution. The matter was adjourned to October 17th before the trial magistrate.
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#3. September 15th, 2023 (Pre-Trial Mention): This matter, and all other matters in court 2 that were scheduled for 09:00 did not begin until 13:00hrs due to the Magistrate having to attend to an unforeseen situation. All accused were present (in custody) and today represented by Ms. Ashubwe and the ODPP by Machira.
Hon. Magistrate Kiage, on the basis of a submitted probation report, reduced the bond terms for the first and third accused. The prosecution continued its objection on the release of seized mobile phones.
This case is adjourned for mention to October 5th, 2023.
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#2. September 7th, 2023 (Pre-Trial Mention): The three accused were still in custody and each supplied with documents that were signed for on September 3rd. The defence advocate argued for bond terms commiserate with men who support families and the second accused who is a student.
Adjourned to September 15th for mention date for decision on bond terms and to decide if the phone of the second accused can be returned.
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#1. August 23rd, 2023 (Plea):The three accused pleaded not guilty before Principal Magistrate Gideon Kiage Oenga. Remanded into custody until September 7th, 2023 for pre-trial mention.
