#34. February 13th, 2024 (Judgement): The case was before Principal Magistrate C.K. Kithinji. All parties to the case were present.
The magistrate gave a brief summary of the case and judgement. She stated there was no clear evidence from the Kenya Wildlife Service officers on how they found the sack with ivory behind Ahmed Yusuf’s house.
The magistrate also said Ahmed Yusuf Kadid may have been set up because he knew the KWS officers and it was not the first time that officers had visited his home.
The case was closed due to inadequate testimony and Ahmed Yusuf Kadid was freed with no further accusations.
The accused was acquitted. The two other accused had been earlier acquitted by the trial magistrate who had ruled that no prima facie case had been made against them.
CASE FILE CLOSED
SEEJ-AFRICA NOTE: There are times when an acquittal feels right. This was one of those cases.
It has been observed in wildlife prosecutions that one of the most common defences for accused persons is that the tusk/rhino horn had been planted by the arresting authorities. The reason for this is that it happens, and more times than we would like to believe.
Despite the fact that SEEJ-AFRICA heard none of the testimony from the prosecution witnesses in this matter, the testimony of the accused rang alarm bells; something was not quite right.
The presiding magistrate in this matter, Principal Magistrate C. Kithinji, felt the same way and acquitted the accused. Vague testimony, poor lighting, public access, made for a reasonable doubt. She even stated in court that the possibility of this being a trap against the accused could not be overruled as the accused, as a local businessman and miraa seller, had reportedly had the arresting officers in his premises on earlier occasions.
The judgement can be read here: E021:21_VOI Judgement
Case Overview
Presiding Magistrate and Courtroom: Hon. C.K. Kithinji – Principal Magistrate Court 2 | |
State Counsel: | Advocates for the Accused: Mwanyumba |
Accused: Ahmed Yussuf Kadid | |
Charges:
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Date of Arrest: 2021-01-10 | Date of Arraignment: 2021-01-11 |
Location of Arrest: Ndarakwa, Kilifi county | Contraband Seized: 1.5 kg |
Proceedings
#33. December 21st, 2023 (Judgement): The scheduled judgement did not take place. Principal Magistrate Kithinji advised the court that she had not yet finished the judgement and adjourned the matter to January 25th, 2024. The accused was not in court but was represented by his counsel, Mr. Mwanyumba
#32. December 21st, 2023 (Judgement): The scheduled judgement did not take place. Principal Magistrate Kithinji advised the court that she had not yet finished the judgement and adjourned the matter to January 25th, 2024. The accused was not in court but was represented by his counsel, Mr. Mwanyumba. *******************************
#31. November 28th, 2023 (Mention): The matter came up for mention today before Hon. A.M Obura. The defence counsel Mr. Mwanyumba represented the accused, Mr Kadid, who was not in court. Judgement is slated for the December 21st, 2023.
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#29. November 2nd, 2023 (Mention): This mention was to confirm the filing of submissions. Mr. Mwanyumba, representing the accused requested the court to give him a further seven days. The matter has been adjourned to November 14th to confirm filing.
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#28. October 12th, 2023 (Mention): The accused was present. The court has given the accused and his advocated until November 2nd to file submissions.
