September 12th, 2023 (Judgement):
Judgement was adjourned to December 5th, 2023. The court was busy with many cases; 15 mentions, 4 defense hearings, 6 hearings, 1 ruling, and this judgement.
This arrest was made in September 2019, in the midst of Covid pandemic. The first court sitting for this prosecution did not happen until over one year later in October 2020. There have been 14 sittings of this case before court.
SEEJ became aware of this case on the date of this hearing and more facts on this case will be made available with subsequent court sittings.
July 11th, 2023 (Defence Hearing):
Testimony of Augustine Oduori Malengu 1st accused
The 1st accused said the KWS witness told the court lies,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 lateron booked at Kwale police station,with offence of being in possession of ivory.
He said after sometimes a lady was brought whom they said was his co-accused.
Testimony of Nancy Akoth Owino 2nd Accused
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 12/9/2023.