Today’s Court Update
#15. September 11th, 2023 (Hearing): Four prosecution witnesses were scheduled for today. There was an initial delay when the defence advocate, Omao, stated that he did not have the four witness statements which turn out that he was only missing one. It was agreed that 3 witnesses would testify.
The first witness was Dr. Ogeta Mwebi of the National Museum of Kenya. He has testified on countless occasions before the courts relating to the authenticity of ivory exhibits. Today he did the same. However, defence counsel discovered that the report of Dr. Mwebi was actually to a seizure of ivory of the same quantity but from a different incident in the Machakos area.
The error was acknowledged by the prosecution.
Mr. Omao argued that with the confusion before the court arising from the witness statements and incorrect ivory report, that both sides were clearly not ready to proceed. He requested the court to grant additional time for better preparation. Hon. Ombewa considering the unforeseen mishaps and acknowledging the need for a fair and well-prepared proceeding, agreed to the request.
The court adjourned and scheduled the next hearing for December 5th, 2023.
Case Overview
On July 31st, 2022, at approximately 18:00 hrs in the area of Mogunga town, Kisii County, were found dealing in 4 pieces of elephant tusks weighing 26.5 kg and concealed in a yellow water jerry can. Mogunga is located in the south west corner of Kenya approximately 50 km from the Tanzanian border and in the vicinity of Masa Mara National Reserve. (see map below)
Presiding Magistrate and Court: Hon. Boaz M. Ombewa – Senior Principal Magistrate | |
State Counsel: Machira | Advocates for the Accused: Omao |
Accused: John Nyabuto Mosago Andrew Maina Maenda, Henry Nyabuto Ongaki Peter Babu Onduso | |
Charges: PWT 92(2) – were jointly found dealing in wildlife trophies to wit four pieces of elephant tusks weighing 26.5 kg, concealed in a yellow cut water jerrican and placed inside a sack. | |
Date of Arrest: 2022-07-31 | Date of Arraignment: 2022-08-01 |
Location of Arrest: Mogunga, Kisii | Contraband Seized: 26.5 kg ivory |
Proceedings
#14. July 17th, 2023 (Hearing): Both prosecution and defence initially indicated that they were ready to proceed. However, Mr. Omao noted that he had not been served certain documents relating to upcoming witness testimony.
While the prosecutor insisted that the documents had been served, he could not prove service. The matter therefore did not proceed and prosecution was ordered to serve the said documents to defence.
Defence noted that as a result of the hearing not happening, travel costs be covered to reinburse the accused who had travelled all the way from Kisii. The hearing was adjourned to September 11th, 2023.
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#13. May 2nd, 2023 (Hearing): The case was coming up for hearing. One prosecution witness was heard. The next witness was absent citing reasons of the current demonstrations happening in Nairobi. {First attendance for SEEJ. This matter has been before the court on 12 occasions since arraignment on August 1st, 2022.
