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Reading: E021/21 Voi – R. vs. Ahmed Yussuf Kadid, Hassan Ibrahim Adan, Mohamed Abasagala 1.5 kg – Acquittal
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Seej Africa > Blog > 2021 > E021/21 Voi – R. vs. Ahmed Yussuf Kadid, Hassan Ibrahim Adan, Mohamed Abasagala 1.5 kg – Acquittal
2021ConcludedWildlife Crime Courtroom Watch

E021/21 Voi – R. vs. Ahmed Yussuf Kadid, Hassan Ibrahim Adan, Mohamed Abasagala 1.5 kg – Acquittal

SEEJ-AFRICA
Last updated: February 22, 2024 7:45 am
SEEJ-AFRICA Published October 16, 2023
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Today’s Court Update
 

#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

On January 10th, 2021, while acting on information received, KWS rangers found 1.5 kg of ivory at the rear of the accused Kadid’s house while he was in company of two others.  They were all charged with being in possession of wildlife trophy.
Presiding Magistrate and Courtroom:
 
Hon. C.K. Kithinji  – Principal Magistrate Court 2
 
State Counsel: 
 
Advocates for the Accused: 
Mwanyumba
Accused: 

Ahmed Yussuf Kadid

Hassan Ibrahim Adan – no case to answer
Mohamed Abasagala – no case to answer
Charges: 
  1. Possession of wildlife trophy contrary to section 92 (4) WCMA
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.

 
      ************************************
 
 
#30. November 14th, 2023 ( Mention): The matter was in court for a mention. While the accused was not present, he was represented by counsel. The next mention date is scheduled for November 28th, 2023, and judgement is set for December 21st, 2023.
 

************************************

#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.

************************************

#28. October 12th, 2023 (Mention): The accused was present. The court has given the accused and his advocated until November 2nd to file submissions. 

 
************************************
 
#27. September 14th, 2023 (Defence Hearing): Two witnesses for the accused testified on this date.
 
Ruth Mbutha Kilele is the house help to the accused, Ahmed Yussuf Kadid, and lives in Ndarakwa, Kilifi county.
 
She said that on 10th January 2021 at 8:00 pm when Ahmed and his two friends came. She said that Ahmed Yussuf Kadid went to the forest to deliver Khat (miraa).
 
She saw some KWS officers who came to their place, at that time she was serving tea to customers. One of the KWS officer came to where she was and asked her if Sambusa (Ahmed Yussuf Kadid) was there.
 
Then the officers said that there is Ahmed luggage behind his house, and they found that there was a sack with Ivory. She also said that the officers claimed that the luggage was for Ahmed and he was arrested with other two people.
 
The second witness was Ishmael Abdi Ibrahim, a 52 year old man who is a pastoralist rearing cows in Giriama ranch. He had known Ahmed Yussuf Kadid for over 12 year’s and they are friends.
 
According to him when KWS officers came they turned on the phone torch, then one of the people said, stop doing that we are not animals.
 
Then KWS officers asked who is Ahmed Yussuf Kadid and they took him telling him that they have found his luggage behind his house.
 
They decided to go together and KWS officers accused Ahmed Yussuf Kadid as the one with the luggage. Then the officers arrested Ahmed and two others and were taken to court.
 
The hearing concluded with Mr Mwanyumba ,  advocate for the accused, requesting to file submissions. The court provided for a  filling process to take  21 days and set October 4th for a mention and October 12th for ruling.
 
************************************
 
#26. August 8th, 2023 (Defence Hearing): The first accused, Ahmed Yussuf Kadid, produced two witnesses to testify on his behalf. 
 
He stated that he is 35 years old, and lives in Ndarakwa Kilifi county. He is a business man who sells miraa, and also  pastoralist rearing sheep, goats and cows in Kwale and Kilifi county. He has three wives and nine children.
 
Kadid denied all the charges raised against him and said that he was set up. He stated that on January 10th, 2021, it was during curfew period with Covid and there was a lockdown between 9pm and 4am.  He arrived at his place at 8:30 pm and found that there was no electricity because he had not paid the tokens. He decided to pay but the system failed to reflect. This made him contact people concerned with power and that’s when he saw some Kenya Wildlife Service officers and Sofatras (sp) Officers.
 
During that time he was with his friends, some of them were praying. KWS officers came to them and asked for Ahmed Yussuf who was known as Ahmed Sambusa. (Sambusa  is his nickname). This made him hold on the call he was making and said that he is the one. KWS officers asked him to follow them back to his house where they found a white sack with a piece of ivory.
 
This is when he was accused of having piece of ivory illegally. He was then arrested with other two people after Madam Akinyi from Voi police department ordered . At around 2.00am they arrived at Voi.  He signed a document showing he is the person with Ivory but he signed that document unknowingly as he was tired and frustrated.
 
Ahmed Yussuf Kadid said that the police officers who arrested him with his friends were his friends also. He also said that one night during curfew period before this incident, KWS officers and Sofatras Officer arrived at his place at night. They needed a help because one of the officers was ill. (he sells miraa and other commodities.). They had knocked at his door and he gave the sick policeman a panadol free of charge.
 
Ahmed Yussuf Kadid and two others were taken to court next day and taken back to jail for three weeks. Ahmed Yussuf Kadid further said that those officers were his friends and claims that he was set up. Therefore he denies all the charges. He also said that he had three witnesses to testify. 
 
The matter was adjourned for further hearing on September 14th, 2021.
 
************************************
 
 

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