10 Years Imprisonment Without Fine Option
#48. October 25th, 2023 (Sentencing and conclusion): The Court held that the accused had been found guilty of dealing wildlife trophy ( two elephant tusks weighing 3 kg) in contravention to section 92 (2) and 105 of WCMA.
They were sentenced to a jail term of 10 years without a fine option.
Karanja, who has been in custody from time of arrest, will have that time included as part of the jail term. Ngugi Muigai’s sentence will begin immediately. For the accused who has absconded, her sentence will begin from date of arrest, whenever that should occur. The ivory tusks are ordered forfeited to KWS for destruction and the motorcycle forfeited to the state. The accused have the right to appeal within 14 days.
This prosecution has been before the courts since June 2020. It has taken 48 sittings to hear five prosecution witnesses and two defence witnesses.
Case Overview
On June 23rd, 2020, at around 1300hrs, at the Shell petrol station, in Karen, Nairobi county, KWS officers arrested two of the accused who were riding a motorcycle while carrying the two tusks (3 kg) concealed in a bag. KWS had received information from an informant. The accused were arraigned in Kibera court the following day.
Presiding Magistrate and Court Number: Hon. Renee M. Kitagwa – Senior Resident Magistrate (Court 7) | |
State Counsel: | Advocates for the Accused: |
Accused: Jesse Mwangi KaranjaNgugi MuigaiCatherine Kabura – warrant outstanding | |
Charges: Possession of wildlife trophy contrary to section 92 (2) as read with Section 105 WCMA. | |
Date of Arrest: 2020-06-23 | Date of Arraignment: 2020-06-24 |
Location of Arrest: Karen, Nairobi | Contraband Seized: 3 kg – (2 pieces) |
Proceedings
#47. October 24th, 2023 (Judgement): For today’s judgement, two of the three accused, Jesse Mwangi Karanja and Ngugi Muigai were present. The third accused, Catherine Kabura, absconded some time previous and there is a warrant for her arrest. Karanja has been in custody since arrest in June 2020.
Magistrate Christine Njagi stated that based on the evidence provided, the court found all accused guilty of handling the 3 kg of wildlife trophies, and according to the law, a jail term of not less than 7 years was the penalty for the crime committed.
According to the prosecution, the 1st and 2nd accused had no prior records. The 1st accused pleaded to the court that it may forgive him, citing that he had never before been presented to any position of power to answer for a crime. He also cited his accomplishments in bible study. The 2nd accused’s advocate asked the court to consider his position as his family’s sole breadwinner, and if he is given a long sentence, the family would suffer in his absence. He proposed that the court consider giving his client a non-custodial sentencing where the accused person should present himself to the court’s provisional officers or give him a fine.
Adjourned to October 25th for sentencing.
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#46.October 19th, 2023 (Judgement): None of the seven scheduled judgements occurred today as Hon. Kitagwa has been transferred to JKIA law court and was actually actively sitting there on this date. This matter was before Hon. Njagi in court 7. The matter has been adjourned to October 24th.
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#45.September 28th, 2023(Judgement): All accused present. The judgement was not yet ready and adjourned for October 19th.
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#44. August 31st, 2023 (Mention): DNA (Did not attend). Judgement date set for September 28th, 2023. (#44 indicates that there have been a total of 44 court sittings of this case since arraignment).
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#43. August 14th, 2023 (Defence Hearing): Did not attend. (DNA)
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#42.August 9th, 2023 (Defence Hearing): DNA
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#41.July 6th, 2023 (Ruling): (DNA due to country wide civil unrest). Hon. Renee K. Kitagwa found that that the accused had a case to answer. Matter adjourned to August 9th for defence hearing.
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#40. June 6th, 2023 (Mention):It was confirmed that submissions for ruling had been filed. A date of July 6th has been set for a Ruling on whether there is a case to answer for the defence.
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#41. May 15th,2023 (Mention):The above matter came up today for mention before Hon. Renee M. Kitagwa – SRM (Court 7).
In attendance were the all the accused persons, the 1st accused being in custody whilst the 2nd and 3rd accused are out on bond or cash bail. None of their advocates were present.
The purpose of the mention was to confirm that the 1st accused was issued with documents he had earlier requested, among them, statements. The 1st accused mentioned he was yet to be served with these documents and the same were photocopied and handed to him and in return, he acknowledged receipt by signing on the prosecutor’s copy.
The matter is now set for mention on June 6th, 2023 to confirm filing of written submissions.
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#40. May 11th, 2023 (Submissions): Matter was coming up for submissions. All accused were present. 2nd & 3rd accused were represented while advocate for 1st accused was not. 1st accused made an oral application in court to have a copy of typed proceedings and statements. Advocate for A2 & A3 requested for 14 days to file submissions as they were not ready.
The Hon. Magistrate ordered that the following Monday (May 15th) be set for a mention to confirm if 1st accused was given the statements and proceedings. Then from there a date for submissions will be given.
Man in court for trying to sell Sh300,000 tusks to cops
by Clause Masika
A man was yesterday arraigned in a Kibera court for trying to sell two elephant tusks valued at Sh300,000 to undercover police officers.
Jesse Mwangi Karanja was arraigned before senior resident magistrate Renee Kitagwa.
According to the charge sheet Karanja committed the offence on Jun 23, 2020, at Shell petrol station in Karen, Nairobi county.
The charge sheet says the tusks weighed three kilograms.
While testifying in court corporal Lydia Njeri from Kenya Wildlife Service told the court that she was with her colleague when they received some intelligence report on the suspects.
“I was on my normal duty at my office when I was briefed alongside my colleague by our boss that there were people planning to sell elephant tusks in Karen town,” she said.
She told the court that they left the office immediately using their undercover vehicle with an objective of arresting the suspects.
She said moments after arriving, the suspect alongside two others came riding a motor cycle registration number KMDF 009F.
She said the suspected poachers were coming from Dagoretti and they had strategised on how to arrest them.
Njeri said that they arrested the suspects after using the description as given by their informers.
“At around 12:50 pm, a motor vehicle carrying the alleged poachers arrived and it had only one passenger with a brown bag with black patches,” she told the court.
She testified that the suspect was arrested and after conducting a search on him and they found two elephant tusks valued at Sh300, 000.
The court heard that other suspects escaped after realising that they were going to be arrested but they were later apprehended.
The accused person pleaded not guilty to the charges and asked for a lenient bond term.
He argued the court to consider his plea since he is not a flight risk and was going to abide by all the terms and conditions.
He also asked the court to grant him witness statements and documentary statement that the prosecution was going to rely on.
The magistrate released him on Sh50, 000 cash bail or a bond of Sh200, 000 with the surety of the same amount.
The said case will proceed further next month where more witnesses will testify before the prosecution closes.
