Sentencing Date: 2024-06-10 |
Offence Date: 2019-09-20 |
Magistrate(s): Principal Magistrate Lillian Lewa |
Court: Kwale |
Trial Duration: 44 months, 24 sittings – 5 sittings req’d for judgement and six sittings to hand down sentence. |
Arrest Details: Following a tip off from members of the public. jointly charged for PWT 4 pieces of elephant tusks and one wild hippo tooth |
Link: |
Conclusion: Augustine Oduori Malengu – Found guilty of possession of wildlife trophies and sentenced to pay 1 million shillings or 5 years imprisonment in default. |
Nancy Akoth Owino – Found guilty of possession of wildlife trophies and sentenced to pay 1 million shillings or 5 years imprisonment in default. |
Remarks: The problem with mandatory minimum sentencing seen here in a case with minimal ivory and hippo tooth and accused a single mother with 5 children. |
Final update
#24. June 10th, 2024 (Sentencing): Today, at the end of the day’s court session at approximately 4:45 pm, Principal Magistrate Lillian Lewa sentenced the two accused to pay a fine of 1 million shillings (USD $7,700.00) or in default serve 5 years in prison.
Before the sentencing, she asked the accused to give their mitigation.
1st Accused mitigation (Augustine Oduor)
He said he had a wife who has breast cancer, and children to take care of , a custodial sentence would impact negatively on the well being of his family. He also added that he was on Anti Retrievals . He begged the court for mercy.
2nd Accused Mitigation (Nancy Okoth)
She said that she is a single mother with two teenage boys in school. She is the sole bread winner for her family. She is not in touch with the children’s father and therefore giving her a custodial sentence would turn her children into street children( Chokoras). She said she had worked so hard to raise her children in a Christian way and all that effort would go to waste by custodial sentencing.
She also asked the court to check the probation officers’ report on the free bond she was given during the case proceeding period. She had been on good behavior and she would continue being a law abiding citizen if given a non custodial sentencing.
In a seemingly cruel choice of words, Principal Magistrate Lillian Lewa began her sentencing by telling the two accused she was giving them a non-custodial sentence, thereby giving the two accused and the rest of the court the impression that there was going to be no jail time involved. However, that hope was dashed within seconds when Magistrate Lewa continued by stating that they were being fined 1 million shillings and if in default of payment, would 5 years in prison. The fine amount was completely unreachable for both so both will be imprisoned 5 years for 500 gms of ivory and hippo teeth pieces.
This sentence was not well received by her two teenage sons who were and dressed in school uniform. The younger one fainted in the doorway of the court momentarily knocking himself unconscious. His mother, on seeing this collapsed and had to be dragged away by police.
#23. June 4th, 2024 (Sentencing): No sentencing again today. At 2:00pm with the sentencing matters still not dealt with, the Honourable magistrate finished for the day. The court assistant gave a further sentencing date on 10th June, 2024.
#22. June 3rd, 2024 (Sentencing): Nothing happened in Court 1 of PM Lillian Lewa as she was absent due to ill health. The court assistant slotted the matter for sentencing on 4th June, 2024.
#21. May 30th, 2024 (Sentencing): For the third time in four days, the sentence was not passed down to the waiting accused. Today, the court of PM Lewa was being utilized by the High Court and the Environment and Land Court and none of the matters on her docket were addressed. Sentencing now adjourned to Monday, June 3rd.
#20. May 28th, 2024 (Sentencing): Today’s sentencing again did not occur. The Hon. Lewa had an extremely heavy docket and by 17:00hrs, she had not yet dealt with this matter. This sentencing and others were adjourned for Thursday, May 30th.
#19. May 27th, 2024 (Sentencing): Today’s sentencing did not take place. Principal Magistrate Lewa left for a meeting at 1:30 pm telling involved persons that she would return to finish her docket. She did not return and at 4:00 pm, the court assistant advised all remaining to return the following day, May 28th.
Presiding Magistrate and Court: Hon. Lillian Lewa – Principal Magistrate – Court 1 Previously – Hon. Patrick Wambugu – Principal Magistrate | |
State Counsel: | Accused Advocate: Not Represented |
Accused: Augustine Odwori Malango Nancy Akoth Owino | |
Charges:
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Date of Arrest: 2019-09-20 | Date of Arraignment: 2019-09-23 |
Location of Arrest: Kombani, Kwale County | Contraband Seized: 0.5 kg (4 pcs ivory + 1 hippo tooth) |
Proceedings
#18. May 14th, 2024 (Judgement): Principal Magistrate Lillian Lewa today found both accused guilty. They had been in custody since their arrest in September 2019. They will be sentenced on May 27th.
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#17. May 9th, 2024 (Judgement): The scheduled judgment did not take place for the 4th time. Hon. Lillian Lewa was attending a Heads of Station workshop in Kisii. Both accused were present. The matter was adjourned by to May 14th.
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#16. March 19th, 2024 (Judgement): Today’s judgment has been adjourned for the third time in row, today due to Hon. Lillian Lewa being unwell. The next judgement date has been set for May 9th.
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#15. December 5th, 2023 (Judgement): The magistrate being away on official business, the court did not sit and judgement was rescheduled to March 19th, 2024.
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#14. September 12th, 2023 (Judgement): Judgement adjourned to December 5th, 2023, as the court was busy with many cases and had more than it could handle including: 15 mentions, 4 defence hearings, 6 hearings, 1 ruling, and this judgement.
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July 11th, 2023 (Defence Hearing):
Accused #1: Augustine Oduor Malengu:
He told the court that the KWS witnesses were lying, as on that particular day he was around Kombani, heading to Tiwi to pick his child from school at around 3 pm.
A saloon car came and stopped where he was. In that saloon car were two people and a driver. The two people arrested him identifying themselves as KWS officers.
He was brought to the Chief’s place at Kombani, and later on booked at Kwale police station, for the offence of being in possession of ivory.
He said that sometimes after a lady was brought whom they said was his co-accused.
Accused #2: Nancy Akoth Owino:
She said that she resided within Kombani and was arrested at Kombani around Boa school.
She said that two people who were walking on foot stopped and identified themselves as KWS officers. They asked her what her occupation was, arrested her and took her to Kwale police station.She was booked for trafficking elephant tusks.She denied being arrested with the first accused.
The case is set for judgment on September 12th, 2023.
(First appearance for SEEJ-AFRICA)
Two in court for illegal possession of wildlife trophies
September 23, 2019: A man and a woman have been arraigned in a Kwale Magistrate Court for being in illegal possession of game trophies.
The two middle-aged people were nabbed by police officers in Kombani area of Kwale County on the 20th September, 2019 following a tip off from members of the public.
They were charged with being in illegal possession of wildlife trophies contrary to section 95 of the Wildlife Conservation and Management Act of 2013.
Augustine Odour Malingo and Nancy Akoth Owino were jointly charged for being in possession of four pieces of elephant tusks and one wild hippo tooth with a street value of Sh.100, 000 without a permit.
Owino pleaded guilty to the offence while her co-accused entered a plea of not guilty before the presiding Principal Magistrate (PM), Patrick Wambugu.
The PM set the next date of mention on 7th October, 2019, while hearing will be on 5th November this year.
By Jessicah Muthoni/Hussein Abdullahi
