Today’s Court Update
#13. September 20th, 2023 (Hearing): Today was scheduled for the last prosecution witness, the KWS IO. She was unavailable due to a medical emergency and the matter has been adjourned November 20th for hearing.
Case Overview
November 15th 2022 at around 1700hrs, at Bombolulu area of Kisauni Mombasa County, Kazungu Changawa was found dealing in wildlife trophies namely elephant tusks 5 pieces at 6.2 kg and hippo tooth.
He was arraigned in court on November 16th, 2022. The case so far has had 13 sittings.
Presiding Magistrate and Court Number: Hon. Yusuf Shikanda – Principal Magistrate Court 2 | |
State Counsel: | Advocates for the Accused: |
Accused: Changawa Kazungu Masha | |
Charges: Dealing in wildlife trophy contrary to section 92 (2) WCMA | |
Date of Arrest: 2022-11-15 | Date of Arraignment: 2022-11-16 |
Location of Arrest: Bombolulu area, Mombasa | Contraband Seized: 6.2 kg – (6 pieces),hippo tooth |
Proceedings
#12. July 18th, 2023 (Hearing): A report by National museum scientist at Shanzu law courts shed more light on the suspected wildlife trophy case.
While tabling the report before the Principal Magistrate Yusuf Shikanda, wildlife scientist Ben Nyakundi said all the six suspected exhibits earlier presented in court were wildlife trophies.
Mr Nyakundi said he received the exibits labeled F1 to F6 on 2rd December, 2022 from KWS.
From the investigation he found out that evidence marked F1 to F5 were Elephant tusks while F6 was Hippopotamus Ivory. Further, Mr Nyakundi said through magnification, he established that exibit F1 to F5 contained schreger lines to confirm they were elephant tusks.
According to Mr Nyakundi F6 had groovess that are morphological characteristics of Hippopotamus Ivory.
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The case is scheduled to continue on September 20th, 2023.
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#11. June 19th, 2023 (Hearing): KWS officer Kennedy Makan has told Shanzu magistrate Yusuf Shikanda that they received intelligence information on 15h November 2022 at around 4 pm. One man in an orange T-shirt was planning to sell ivory and 1 hippopotamus tooth to an unknown buyer in the Bomblulu area near Royal petrol station in Mombasa county.
He said that upon receiving the information he and three other KWS officers went to Royal petrol station in Bombolulu using a marked vehicle to start their surveillance.
At around 5.00 pm a man in an orange T-shirt carrying a white sack appeared walking towards the petrol station. KWS Maccan stopped him identifying themselves as KWS officers.
Upon checking what was in the white sack the man was carrying they found 5 elephant tusks and 1 hippopotamus tooth.The accused was asked asked if he had a permit and to which he said no.
The witness, who is also a recovery officer in KWS took 5 photos of the items at the scene and arrested the suspect Mr. Kazungu.
The 5 pieces of ivory were weight by the KWS in the presence of the suspect and it was discovered the ivory was 6.20 kg. KWS Julie Odhiambo prepared an inventory report which was signed by all the 4 KWS officers though the suspect refused to sign the documents, the KWS officers escorted the suspect to the Kazandani police station and their statements were recorded including the suspects.
The case will proceed July 18th, 2023 when the remaining witness will testify
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#10. June 2nd, 2023 (Hearing): The prosecution was to confirm if witness would be available because they out of Mombasa. Hearing set for June 19th 2023.
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#9. May 4th, 2023 (Hearing): KWS officer Betty Nkatha has told Shanzu magistrate Yusuf Shikanda that on November 15th, 2022, she received a call from a fellow Kws officer who wanted to meet her at KWS regional office in Mombasa town. Upon reaching he found Officer Makan, Julia Adhiambo, and Hamisi. Makan informed them all that he had intelligence that someone around Bombolulu had wildlife trophies.
They proceeded to Bombolulu in an unmarked car parked at a petrol station and started surveillance. It was when he saw a man carrying a sack. Officer Makan confronted the man to say what he was carrying.The officer opened the sack and found the man with 5 pieces of ivory and one hippo tooth.The was asked to produce a permit which he failed and he was arrested.
The case is to be mentioned on June 2nd, 2023 and the hearing is set for June 19th 2023.
