Sentencing Date: 2024-03-20 |
Offence Date: 2018-09-30 |
Magistrate(s): Senior Principal Magistrate S.O. Temu*; Chief Magistrate Esther Boke |
Court: Kibera (Nairobi) |
Trial Duration: 66 Months |
Arrest Details: Mwangi was driving from Nyeri with 15 kg of ivory. Nthuku and Musyoki were driving from Elburgon in a seperate vehicle to meet Mwangi. KWS intercepted the three as they were meeting in Nairobi. |
Link: |
Conclusion: Benard Mulee Nthuku – Found guilty of dealing in wildlife trophies and sentenced to pay 1 million shillings or 5 years imprisonment in default. |
Meshack Mutua Musyoki – Acquitted |
Vincent Mwangi – Turned into prosecution witness NOTE: It was during this trial that Senior Principle Magistrate S.O. Temu asked rhetorically to KWS IO, Chief Inspector Inoti, “You people go for small operators covering the people involved in these wildlife crimes. How do you want the courts to help in ending the trade, while the KWS don’t give us the big guys?” Hon. Temu was referring to the decision made to make suspect, Vincent Mwangi, the individual found with the ivory in his vehicle, a prosecution witness as well as his observation that KWS does not go after the next link in the chain. |
Final Court Update
#>32. March 20th, 2024 (Sentencing): Senior Principal Magistrate S.O. Temu sentenced Benard Mulee Nthuku, a police officer, to pay a fine of 1 million shillings (USD $7500.00) or a jail term of 5 years if the fine isn’t paid. (more details to follow)

Case Overview
On September 30th, 2018, at approx. 19:00 hrs, the 2 accused were arrested near the Shell Petrol Station opposite the Weston Hotel, Langata Road, Nairobi, and found with with 6 pieces of ivory weighing 15 kg. They were using a Toyota Nze vehicle reg KBD 203D. The two were arraigned in Kibera court the following day.
Presiding Magistrate and Court: Hon. S. O. Temu – Senior Principle Magistrate Court 2 Previously – Hon. E. Boke – Chief Magistrate | |
State Counsel: N’getich | Advocates for the Accused: Mr. Kibet James Gitau |
Accused: 1. Benard Mulee Nthuku 2. Meshack Mutua Musyoki | |
Charged:
| |
Date of Arrest: 2018-09-30 | Date of Arraignment: 2018-10-01 |
Location of Arrest: Weston Hotel area, Nairobi | Contraband Seized: 15 kg ivory – 6 pieces |
Proceedings
#>31.March 18th, 2024 (Sentencing):The sentencing has been adjourned to March 20th.
****************************************
#>30. February 29th, 2024 (Judgement): All were present for today’s judgement, Ms. Kisoi holding brief for Mr. Kibet, representing the two accused.
Senior Principal Magistrate Temu stated that from the evidence presented before the court, Meshack Mutua, was not guilty and was released. The magistrate said there was no evidence linking Mutua to any of the other parties involved in the case.
The first accused, Benard Mulee Nthuku, was found guilty of the charges placed before him. Hon. S. O. Temu said there were inconsistencies between his statements and those of the witnesses, with Benard referring to himself as an informant. KWS officers testimony contradicted that of Mulee Nthuku.
Benard Mulee Nthuku was taken into custody to await sentencing. The court adjourned to March 18th, 2024, as a mention date for confirmation of the pre-sentencing report.
****************************************
#>29. February 1st, 2024 (Mention – submissions): The court has set February 29th for final judgement in this matter. (SEEJ_AFRICA not in attendance)
****************************************
#>28. January 29th, 2024 (Mention): Today’s mention was to confirm the filing of submissions. The matter is to be mentioned again on February 1st to confirm filing of submissions.
****************************************
#>27. January 18th, 2023 (Defence Hearing): Today’s defence hearing proceeded with both accused giving evidence:
Defence Witness 1: Meshack Mutua Musyoki.
The accused is a businessman who deals in fruit. On 30th Sep 2018, his day began in Eldoret, where he operates his business. He woke up at 5 am and went to the Soko Mjinga market in his car, KCD 124N, a Toyota Wish, where he bought 7 sacks of oranges. He then went to Kapsabet market to set up shop. He got to Kapsabet before 7 and went about his business as usual. By noon, he had been able to sell 5 sacks of oranges leaving only 2. He had been planning to go home to Machakos on that day and the remaining oranges were to be dropped off on his way to Machakos, so he closed shop and began his journey.
He stopped in Lanet Barracks (Nakuru) at around 3 PM where he took a meal. As he was going back to his car, a stranger (Benard Mulee) approached him and asked for transport to Nairobi. He accepted for at a fee of 300.
When they were in Westlands, Benard Mulee requested that he be dropped off at Wilson airport as he was going to Langata. Mulee offered to pay more and so he agreed. They arrived at a Shell petrol station near Wilson airport, where Mulee alighted and gave the Meshack 500 shillings.
Since they were in a petrol station, Meshack decided to relieve himself before resuming his journey. When he came back to his car, the movement of people around his car caught his attention. Before he could react, the front driver’s door was opened and he was tossed outside. His keys were taken away and when he inquired what was going on and was told he’d be informed later. He was put in a boot where he found 2 other people.
They were taken to an office by people who identified themselves as KWS and he was informed of the charges. The officers took their statements, and the accused and one of the other two he found in the boot were taken to Langata police station where they were booked. They were brought to court and Meshack’s car, KCD 124N, and another car, KBD 208D, were presented before the court. He requested his oranges be released as they are perishables. On the back seat of the KBD 208D, there was a bag which contained ivory.
The charges were read to them and he pleaded not guilty. He was given statements where he learned the name of the other accused was Vincent. Vincent was later released and appeared before the court as a witness. Meshack was then taken to industrial area prison where after a week he met Menard.
During cross-examination, Meshack stated that he did not know any of the other parties involved in the case. He also stated that the communication data proved that he had no prior communication with the other parties.
Defence Witness 2: Benard Mulee Nduku
The accused is a police officer and posted in Nakuru. On 30th Sep 2018, he asked for leave from his superior, which he was granted. He packed and got a lift from one of the barrack vehicles and was dropped off at Lanet barracks. The witness was short on money as the fare was a bit above his budget. This made him look for alternative means of transport and that is when he saw a person with a Toyota Wish. He approached the driver and inquired if he was going to Nairobi and then asked for a lift. The driver agreed at a price of 300 Kenyan shillings.
On the way, the witness received a call from one of his colleagues who learned of his leave request. The colleague inquired as to Benard’s location and then proceeded to request a favour. . The colleague had a brother (Alex) and brother-in-law who at the time were travelling to Nairobi from Nyeri, and the colleague requested that Benard meet with them and direct them around Nairobi since they don’t know Nairobi well.
Benard agreed and the colleague sent him Alex’s number and also added that he is sending another number. The second number belonged to the person Alex was supposed to meet up with, (unknowingly a KWS undercover buyer).
When in the Westlands area, Alex called and it was agreed that Benard would first meet at Pangani and from there they would go to meet the other person (KWS ‘buyer’). At Pangani, they called the KWS buyer who arranged a meeting at the Shell station at/near Wilson Airport. Since he was getting dropped off, Benard requested that Alex follow them to the meeting point. When they arrived at the shell station, he paid the driver (Meshack) and proceeded to introduce himself to the lady (KWS ‘buyer’) and she told him he could go. Benard crossed the road and took a matatu to town where he charged his phone.
Later that evening at about 8 P.m., his colleague called and told him his brother Alex and brother-in-law (Vincent Mwangi) were arrested. He asked why and was told he would be informed later on. After that, Benard resumed work and after five days his superior told him there were things they needed to talk about. On that same day, some officers came and had a meeting with his superior. The sergeant and the corporal were also called to the meeting and he was later summoned by the corporal who told him he needed to be in that meeting.
In the meeting, the officers identified themselves as KWS officers who were investigating an ivory case. Benard was relieved of duty and was escorted by the officers to KWS Nakuru but refused to make a statement as he did not understand what was going on.
He was transferred to Langata police station where he was booked and taken to court the next day. He was then taken to an industrial area prison.
In the cross-examination, he said that Gladys identified herself as a police officer when they met at the Shell police station, but she had not identified herself over the phone. The prosecutor highlighted a disparity in Meshack and Benard’s statements stating Benard spoke of meeting up with Alex and Alex following them but Meshack didn’t mention that.
The defence ended the hearing and requested a mention date for the submission of files. The next court date is January 29th, 2024.
****************************************
#>26. December 18th, 2023 (Defence Hearing):DNA – The hearing is not believed to have taken place and the matter was adjourned to January 18th, 2024, for defence hearing.
****************************************
#>25. November 16th, 2023 (Ruling): There were new developments on the ongoing ivory trafficking case number 1229/18. Today’s proceedings at Kibera Law Courts, Court Room 2, were presided over by Honorable S.O Temu.
The case was slated for a ruling on the submissions presented on 30th of October on whether or not the two accused persons had a case to answer. The court ruled that there was indeed a case to answer. Consequently, the defendants, Menard Mulee and Meshack Mutua, represented by their counsel James Gitau, were directed to proceed to their defence.
Both individuals are currently out on bond, with Menard Mulee securing a bond of KES 1.5 million and Meshack Mutua with a bond of KES 1 million. Meshack is a fruit vendor based in Eldoret while Menard is a General Service Unit police officer stationed at Molo.
The defence is now set to present their case on December 19, 2023, the next scheduled date for the proceedings.
****************************************
#>24. October 30th, 2023 (Submissions):
by E. Gutu
Today’s proceedings saw the presence of both accused persons, Menard Mulee Nthuku and Meshack Mutua Musyoki, in the courtroom. The purpose of this session was the presentation of submissions related to the ongoing case. Notably, both accused individuals appeared without legal representation.
Presiding over the court, Honourable S.O Temu acknowledged the receipt of the submissions. The court then set a date for the ruling on this case, scheduling it for the 16th of November. This ruling date aims to provide the necessary time for the court to consider the submissions and evidence before reaching a decision.
****************************************
#>23. September 6th, 2023 (Hearing): The prosecution today presented their last 2 witnesses. The first was the Scene of Crime officer who presented 8 photos of the two vehicles, a certificate dated 20th April 2019, and the 6 pcs of ivory as exhibits.
The last witness was the IO, Chief Inspector Inoti. In summary, he recounted how KWS intelligence had information of ivory coming to Nairobi. Their undercover ‘buyer’ made contact with the accused. The two accused before the court were travelling in a vehicle from the Nakuru area. A second vehicle ferried the ivory from Nyeri.
The KWS ‘buyer’ met both vehicles at the Shell Petrol Station located by the Wilson Airport entrance. KWS arrested Musyoki and another not before the court while Nthuku fled the scene. KWS investigators found 6 pieces of ivory in a closed sack. Nthuku was later arrested.
Specifically, CI Inoti told the court that they received a tip that there was an ivory sale going to happen in Nairobi from Nyeri. A KWS officer became involved as a ‘buyer’.
The ivory was being ferried from Nyeri in vehicle, KBD 203 D. It was being driven by a businessman known to him as ‘Vincent’ on the instructions of accused Mulee. Vincent had been told to pick up the ivory bag from Nyeri bus station. He was to meet Mulee and Mutua at Pangani and would be paid once he handed over the sack of ivory.
The two accused, Mulee and Mutua, were traveling from Elburgon in KCD 124N, carrying a load of oranges.
Apparently the delivery of the ivory was not done at Pangani and the driver ferrying the ivory was requested to accompany the accused persons’ vehicle to Wilson airport area. Mulee came out of his vehicle and came to show the “buyer” the ivory.
That’s when the KWS officers made the arrest. Two were arrested at the crime scene; Meshack Mutua and Vincent, while Menerd Mulee fled the scene.
After investigation, Vincent, who was in possession of the ivory from Nyeri was later turned to witness because according to the phone data collected by the investigation team, he was carrying what he didn’t know.
The elephant tusks were tested by the Museums of Kenya and they tested positive for being elephant tusks.
Senior Principle Magistrate Temu, in a comment to CI Inoti asked and answered: “Why did you let go of the suspect who was in possession of the elephant tusks in the first place? You should have arrested him and let the court determine whether he was innocent in the matter?”
He followed by asking rhetorically, “You people go for small operators covering the people who are involved in these wildlife crimes. How do you want the courts to help in ending the trade, while the KWS don’t give us the big guys?”
That concluded the prosecution case. Adjourned to October 30th for submissions.
****************************************
#>22. August 21st, 2023 (Hearing): The scheduled hearing did not take place as the two accused are now being represented by legal counsel. Their new counsel advised he will require all documents previously served upon the accused to date and requires at least two weeks to become conversant with the case.
In the process of settling on a new date, the court was made aware that today’s scheduled witness, Chief Inspector Inoti, is no longer the DCI designated Investigating Officer (IO) assigned to KWS. He advised the court that he is transferred and has been replaced. CI Inoti had been the IO with KWS for at least the last 10 years. It remains to be seen whether his transfer will impact ongoing prosecutions before the court.
The matter is adjourned until September 6th for hearing.
****************************************
#>21. June 13th, 2023 (Mention): Only 1 witness remaining, the accused agreed to proceed with the trial from where the previous Magistrate left off. Next hearing date August 21.
Both accused persons were present in court. When the Magistrate asked if they had legal representation, they responded that they did not. The Magistrate further asked the accused persons if they would wish to have the matter heard a fresh or proceed from where the previous magistrate left it. They opted not to start a fresh because a lot of time had been consumed and a fresh start would definitely be a waste of time and it’s their intention to finish the case at the earliest.
****************************************
#>20. May 11th, 2023 (Hearing): Court 2 matters moved to court 1. Court 1 is handling 4 courts matters today. Adjourned to June 13th for mention. This was due to the transfer of Chief Magistrate Boke and her replacement has not yet reported.