Final Court Update
#3. October 23rd, 2023 (Sentencing):
The accused had previously pled guilty on the advice of his counsel, Danstan Omari and five other advocates. He was sentenced on this date by Senior Resident Magistrate Renee Kitagwa as follows:
Count 1: Dealing in Wildlife Trophies – KES 3 million (USD $20,000) fine or in default 7 years imprisonment.
Count 2: Possession of Wildlife Trophies – KES 3 million (USD $20,000) or in default 5 years imprisonment.
If the fines were not paid, the sentences would run concurrently so he would serve 7 years in jail.
In attendance in court 2 with the accused was his lead counsel, Danstan Omari, and a representative from the Indonesian Embassy.
The small law court located with the Jomo Kenyatta International Airport complex was opened in 2016 to specifically handle prosecutions relating from arrests and offences found committed in the airport complex, primarily drug and wildlife trafficking type crimes. Courtroom Two is small, not much larger than an office, and can accommodate the magistrate, clerk, prosecutor, defence lawyer, accused, and a witness. Any interested parties stand as close to the doorway as they can in an outside hallway.
Case Overview – Updated (2023-10-18)
On Monday October 9th, 2023, Kenya Wildlife Service, with Kenya Airport Authority security personnel, operating at Jomo Kenyatta International Airport terminal 1C, arrested an Indonesian national who was transiting for a flight to Jakarta, Indonesia.
Handrianus Theodore Putra, a 30 year old United Nations security officer, had arrived on an October 8th flight, KQ 571, that had originated from Bangui, Central Africa Republic and transited Douala, Cameroon. He was found with two carry on size pieces of luggage containing 19.6kg and 18.8kg of ivory consisting of 18 pieces of worked ivory, 4 ivory rings, and 23 pieces of raw ivory. This discovery came during mandatory routine passenger screening.
He was arraigned in JKIA law court later in the day and pled guilty on the advice of his counsel, high profile lawyer, Danston Omari. The accused returned to JKIA court on October 17th for sentencing. After two hours of arguments on mitigation from Mr. Omari and four other lawyers, Senior Resident Magistrate Renee Kitagwa adjourned the matter for ruling and sentencing on Monday August 23rd.
The last reported ivory seizure at JKIA beyond small amounts of worked ivory (bangles, jewellery) was in July 2017 when a Chinese national, Cao Juano, was arrested with 120.9 kg of ivory as she was transiting for Hanoi from Zimbabwe. She was sentenced to a 6 million shilling fine or in default, one year in jail. She had been on remand for seven months at time of sentencing.
The typical sentence coming from the JKIA law court over the past 6 years has been a fine of KES 1 million (USD $10,000) or in default one year in jail.
The value of this shipment as reported to the media is 10 million shillings or USD $ 66,920.00. KWS, if they are the agency that provided the value amount, have typically valued ivory at KES 100,000 per kilogram or in this circumstance, 3.84 million shillings.
Media reports can be read here.
Presiding Magistrate and Court: Hon. Renee K. Kitagwa – Senior Resident Magistrate Court 2 Hon. Njeri Thuku – Senior Principal Magistrate Crt 1 | |
State Counsel: | Advocates for the Accused: Danston Omari and four others |
Accused: Handrianus Theodore Putra | |
Charged:
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Date of Arrest: 2023-10-09 | Date of Arraignment: 2023-10-09 |
Location of Arrest: JKIA Terminal 1C | Contraband Seized: 38.4 kg (worked and raw) |
Proceedings
#2. October 17th, 2023 (Mitigation): Today’s sitting was before newly transferred, Senior Resident Magistrate Renee Kitagwa. She had just arrived from sitting at Kibera court 7 for a number of years.
The accused, Handrianus Putra, was being represented by advocate Danstan Omari and five other advocates.
It was identified during mitigation that the 30 year old accused was a policeman in Indonesia, presently working as a security officer for the United Nations.
The accused maintained that he had no knowledge that he was contravening any laws as he had no intention of passing through JKIA in Kenya.
In his defense, Mr. Omari argued that Putra had purchased the ivory in the Central African Republic, where trading in ivory is not illegal, and had no foreknowledge that his flight would transit through JKIA. Furthermore, he highlighted that the transparent packaging of the contraband in a polythene bag inside a suitcase indicated that the accused had no intention of concealing the ivory.
Defence counsel Omari, as well as four other advocates all spoke before the court, each portraying Handarianus Putra as a victim of circumstances and implored the magistrate, Hon. R. Kitagwa, for leniency in sentencing. Mr. Omari proposed either a fine or deportation as an appropriate outcome for the defendant.
The prosecutor did not advance any position as to sentencing or challenge the fact that possession/trafficking of ivory is illegal in both CAR or Indonesia unless in possession of a CITES permit.
Sentencing has been adjourned to Monday August 23rd.
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#1. October 9th, 2023 (Plea): The accused was arraigned before Senior Principal Magistrate Njeri Thuku and pled guilty to the charge. He will return to court on October 17th with regards to sentencing.
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