Today’s Court Update
#10. April 2nd, 2024 (Hearing): The matter came up for hearing, however the prosecution witnesses were available and the court was told that two KWS officers were on leave and one, the NMK expert, who was prepared to testify virtually, was travelling. It is of note, that the KWS witnesses, as per what the court has been told, have been on leave since at least January.
A new hearing date was set for June 5th, 2024. CM Obura has stated that this will be the last adjournment.
Case Overview
On February 8th, 2023, KWS officers based in Voi, received intelligence of persons with ivory to sell in the
Kishushe area. A team was dispatched with an undercover buyer among them. They met the two accused who produced two sacks with 10 elephant tusk pieces. During the course of the arrest, one of the accused got away but was later arrested. They have been charged jointly dealing in 32,5 kg of wildlife trophies.
Presiding Magistrate and Court: Hon. A.M. Obura – Chief Magistrate Court 1 | |
State Counsel: | Advocates for the Accused: |
Accused: 1.Stephen Mwaisaka 2.Edward Mwasaru | |
Charges: 1.Dealing in wildlife trophy contrary to section 92 (2) WCMA | |
Date of Arrest: 2023-02-08 | Date of Arraignment: 2023 – 02- 20 |
Location of Arrest: Kishushe area | Contraband Seized: 32.5 kg (10 pieces) |
Proceedings
#9. January 23rd, 2024 (Hearing): Today’s hearing proceeded with the testimony of one KWS witness assigned to the investigation department of Tsavo East National Park.
The witness stated that on 8th February 2023, he was with his supervisor and told that information had been received of someone selling elephant ivory. He and others, a total of five, organized themselves into two teams in two vehicles. They headed to the Kishushe area, the buyer in this operation being his supervisor. They arrived at Mwakishimba, at the junction, and met four people.
Two of the suspects got into one of the KWS vehicles and two of them were left behind. They then drove for one kilometre before they stopped. The two suspects exited the vehicle, telling the KWS ‘buyer’ to wait as they went for the ‘luggage’ in a nearby bush. They came out a few minutes later with a sack. The witness could not tell what was inside until one of them took one of the ivory pieces out.
They then went to arrest the two men and one of them escaped. They identified themselves as KWS officers. The lone accused was taken to the KWS office in Sophia.
The following exhibits were presented to the court by the witness:
• 10 pieces of Ivory weighing 32.5 kilograms.
• 2 sacks white one and a greenish one.
• An inventory signed by officers and accused.
• Weighing certificate signed showing it was 32.5 kilogrammes of ivory.
The first accused asked the following:
Accused person #1: Did you see me at that place you are saying, because I don’t know there?
KW 2: Yeah I saw you, you were the one who we arrested and talking to our ‘buyer’.
A#1: If I tell the court that, I was arrested but not that day, will I be lying?
KW 2: Yes, no one had arrested you earlier.
A#1: I have never been in that place before, I don’t know Kishushe or other place, so why are you lying the court?
KW 2: What I know is that you were the one communicating with the ‘buyer’ and you said that you are selling elephant ivory at Kishushe.
A#1: If I tell the court that I never communicated with the buyer but he communicated with Titus will I be lying?
KW 2: Yeah.
A#1: That elephant ivory wasn’t mine, I was given a task to show you directions to that place, and you know the owner, it’s one of the officers, so I am not wrong.
KW 2: Then if you know the owner, why don’t you guide us to arrest him? As you helped us arrest the second accused person.
A#1: If I tell the court that you forced me to sign the inventory will I be lying?
KW 2: Yes, because you said that you understand everything and you are a learned person.
On conclusion, the court gave the second accused, Stephen Mwaisaka, an opportunity to ask questions. He did not have any questions as he told the court he had never had dealings with this officer.
The prosecution requested one more hearing date as there were two final witnesses who were presently on leave. The court set the matter for its final hearing to April 2nd, 2024 with instruction to close the case on that date.
#8. October 24th, 2023 (Hearing): There was one witness scheduled for the day, a KWS arresting officer. He told the court that he received information from a source on February 4th that some one in the area was selling ivory. Based on this information, he contacted the seller by phone who identified himself as Edward. A subsequent meet was set up for February 8th. The witness organized KWS resources with suitable backup and met the accused later that evening. He picked up the accused in his (KWS) vehicle, the accused directed the vehicle to a location a short distance away, where he (the accused) got out of the vehicle, went into the bush and returned with a sack that was found to contain ivory. This man, identified himself as “Edward”, was arrested at that time. A second person with “Edward” succeeded in escaping.
The 10 pieces of ivory weighing 32.5 kg were displayed for the court.
The case was adjourned to January 23rd, 2024 for further hearing.
