E212/23 Mariakani – R. vs. Ngari Charo Kahindi 4 kg Ivory

My name is Ngaro Charo Kahindi and I am a transporter. I transport goods.

Counsel: Where were you on 25^th July, 2023 in relation to this case?Accused: I was on my way to Mariakani at around 5:00 a.m. and while at Kwachikololo area, I was given a lift by unknown people to me. In the motor vehicle there were four occupants, two men and two women. The vehicle did not stop at Mariakani stage where I was to alight and when I enquired the occupants said that they were police officers and they had been looking for me for a while. They proceeded to threaten me with a gun to my neck and forced me to sign a document. They then took me to Mariakani Police Station and produced a white sack alleging it was mine.

Counsel: Did the tusks belong to you? 

Accused: No, they were not mine.

Counsel: Were there any photographs taken?

Accused: No photographs were taken of either myself or the sack.

Counsel: At what point did you see the white sack?

Accused: When it was removed from the motor vehicle that we were in at the police station.

Counsel: Do you have any witnesses in this case?

Accused: No, I don’t.

Counsel: Had you interacted with any of the officers prior to your arrest?

Accused: No.

Cross-examination

Prosecution: Why did you stop the motor vehicle?

Accused: I only stopped a motor vehicle because I needed a lift to get to Mariakani stage.

Prosecution: Were any photographs shown to you?

Accused: I was only shown photographs of persons of interest who were being hunted by the police.

Prosecution: I want to put it to you that you had the sack and tusks when you boarded the vehicle.

Accused: I did not see the sack and tusks in the motor vehicle.

Prosecution: Are you involved in the transportation of ivory?

Accused: No, I do not transport ivory.

Prosecution: Why did you sign the document?

Accused: I was forced to sign it

Prosecution: Who forced you to sign the document?

Accused: I as forced by an officer who I later came to find out was officer Julie Odhiambo.

Prosecution: I put it to you that the sack and tusks belonged to you and you signed the document voluntarily.

Accused: I was forced to sign the document and the sack and tusks did not belong to me.

 Re-examination

Counsel: To clarify, were the tusks yours?

Accused: No, they were not mine and were not found on me

Counsel: How were you forced to sign the document?

Accused: Officer Julie placed a gun on my neck and forced me to sign the document

Counsel: Do you transport ivory?

Accused: No, I only transport foodstuff.

Counsel: Where did you see the sack and tusks?

Accused: At the police station when they were removed from the motor vehicle were in.

Clarification by the court

Court: Where were you coming from when you were given a lift?

Accused: I was coming from Kwachikololo

Court: Where were you to alight?

Accused: At Total Petrol Station at Mariakani.

Court: How many occupants were in the car when you got in?

Accused: Four occupants

Court: Where did you sit?

Accused: I sat at the back between a male and a female occupant.

Court: Who was sitted at the front?

Accused: A female and male occupant who came to court but I do not remember their names.

Court: Where did you sign the document?

Accused: I signed it while still in the motor vehicle

Court: What was the make of the motor vehicle?

Accused: It was a Toyota Prado.

Since the accused did not have any witnesses, the defence case was closed. Counsel for the accused prayed for a date for oral submissions. The court set the date for submissions on July 3rd, 2024.