Today’s Court Update
#16. June 13th, 2024 (Mention): The court set another mention date of June 25th.
Case Overview
On June 16, 2023, around 5.30 pm in the Witemere area opposite Nyeri Children Traffic Park in Nyeri County, the accused jointly with others not before the court, were found in possession of a wildlife trophy namely twelve pieces of elephant tusks weighing 22 kg transported using a silver Toyota Isis motor vehicle registration number KBS 516W without authority from the Director General of Kenya wildlife Service. The three denied the charge.
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Presiding Magistrate and Court: Hon. Mercyline Lubia – Senior Resident Magistrate | ||
State Counsel: Kilinyet | Advocates for the Accused: Gora | |
Accused: 1.Joel Wambugu Kariuki 2.Amos Ondieki Nyachoti 3.Catherine Nyambura Kimani | ||
Charges:
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Date of Arrest: 2023-06-12 | Date of Arraignment: 2023-06-19 | |
Location of Arrest: Witereme area, Nyeri County | Contraband Seized: 23 kg (12 pieces) | |
Proceedings
#15. May 29th, 2024 (Hearing):
By Purity Mwangi
Today’s hearing proceeded before Senior Resident Magistrate Mercyline Lubia.
The KWS forensic examiner cyber crime unit testified that on June 16, 2023, he received four mobile phones accompanied with a memo for him to investigate call logs , short messages, images, and chat on WhatsApp from April 1, 2023 to June 16, 2023. He received phones from all three accused.
He found evidence of messages of meetings and images of tusks, including video clips. There was also indication of possible involvement of two other persons who were not before the court.
The witness told the court that in his report he indicated that the tools ( phones) were operating ordinarily in the cause of business and produced the report as exhibit.
The accused lawyer during cross examination wanted to know how the officer could relate the images and videos to the tusks that the accused are alleged to have stolen but the officer referred the questions to the Investigation Officer.
The case will be mentioned on June 13th, 2023 before court 1 for further directions as magistrate Hon. Lubia will not be sitting.
#14. May 8th, 2024 (Hearing): Sickness struck again and another scheduled two day hearing has been adjourned. The accused lawyer, Mr. Gori, pleaded with the court for another date, citing that his client Amos Ondiek was unwell and could not appear in court.
However, the other two accused were present in court and two witnesses including wildlife officers were also present. The exhibit of elephant tusks were in the court.
Nyeri senior resident magistrate, Mercyline Lubia, accepted the request and postponed the case until May 29,2024.
by Purity Mwangi
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#13. April 8th, 2024 (Hearing): The scourge of the Kenya criminal justice system, sickness and ill health, was again evident today in Nyeri Law Courts. The first day of a two day scheduled hearing did not take place as the presiding magistrate was unwell and all matters were adjourned. May 8th and 9th have now been set for the continuation of the hearing.
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#12. March 21st, 2024 (Hearing):
Purity Mwangi.
The hearing of case of the three accused did not take place at Nyeri law court .
The three accused appeared before Senior Resident Magistrate Mercyline Nafula Lubia but the case failed to continue due to lack of witnesses.
The three accused, Joel Wambugu Kariuki, Amos Ondieki Nyachoti, and Catherine Nyambura Kimani, were present in court but no KWS officials was present.
Prosecutor Leonard Kilinyet told the court that he recieved a message in the morning from Investigation Officer to postpone the case as witnesses were not available but it was late.
The magistrate Lubia ordered for prosecutor to find an appropriate date that all the witnesses will avail .
Their lawyer Mr Gori was present and called for the court to a avail the witnesses on the next hearing.
Four witnesses are expected to testify in this case.
The hearing will be on April 8 and 9 2024.
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#11. December 11th, 2023 (Hearing):
by Purity Mwangi
Today’s hearing before Senior Resident Magistrate Mercyline Nafula Lubia proceeded with one KWS witness. The three accused, Joel Wambugu Kariuki, Amos Ondieki Nyachoti, and Catherine Nyambura Kimani, were found by KWS officers in possession of 12 tusks hidden in a vehicle on June 16th, 2023.
The first witness testified that she was from the Mweiga office and attached to Aberdare National Park. She stated that on June 16, 2023, at 5.30 pm, she was on her normal duty when she was informed by her boss to assemble a team of officers for an assignment.
“I was informed that there is intelligence information from Mweiga station that revealed that there was a vehicle coming from Nairutia area with three occupants, believed to be two males and one female. The vehicle was suspected to be transporting ivory and the buyer was at Nyeri town.” She told the court that she was informed that the supposed buyer was an undercover officer and was one of the intelligence team. They were also briefed that the suspect vehicle registration number was KBS 516W, and it was a silver Toyota Isis.
The Kenya Wildlife Service officer told the court that they organized themselves in two groups and left the office towards the public works area at Witemere where the transaction was to take place. The first group of three officers was assigned to surveillance and the second group was the arrest team which she led.
“We dominated the area and one officer from the surveillance team saw the vehicle and alerted us. I also saw the vehicle and before reaching where the buyer was I and two other officers intersected and instructed the driver to stop. We introduced ourselves to the three occupants, with the two men in the front seats and the lady at the back,” she said.
Mercy told the court that that since they had intelligence that the vehicle was carrying ivory they handcuffed the three occupants and ordered them to stand beside the vehicle. The officer in charge and the surveillance team joined them on the scene to give backup, and they carried out the search. “The drivers seat had nothing but at the co-driver seat at the dashboard there was one piece of elephant tusk that was suspected to be a sample for the buyer to see,” she said.
She continued that the investigation officer proceeded with the search and nothing was found in the boot. However, in the boot compartment on the left side was found a hole which upon searching further revealed a nylon sack with four pieces of elephant tusks. A fifth tusk was found outside the sack. Likewise on the right side of the boot compartment, were recovered six more pieces of elephant tusks which appeared to weigh about three kg each.
She told the court that the investigation officer took photos and completed the inventory for 12 pieces of ivory tusks, cell phones of the three accused, three nylon sacks (white purple, and green) a weighing machine, and the vehicle itself.
The wildlife officer testified that the inventory was signed by the three accused and the KWS witnesses.
Magistrate Mercyline Lubia asked the witness how the officers differentiate the tusks from any other substance. The officer responded that there are experts to carry out analysis. She also produced the 12 pieces of elephant tusks in the court as an exhibit.
Mr. Gori, advocate for all accused, asked the witness on cross-examination if the accused persons had any tusks during arrest. She responded no, but the tusks were concealed in the vehicle that they were occupying. He also questioned how they signed the inventory while their hands were handcuffed but the officer said that one of their hands was free.
Mr. Gori asked how many occupants were in the vehicle, questioning if in fact there was one person driving who was released? The officer said she saw the three who were in the vehicle arraigned in court today. The accused’s lawyer claimed that the officers planted the elephant tusks in the vehicle but the officer said they recovered the ivory inside the car.
Defence counsel questioned if the vehicle was public or private to which the witness said the car was private according to her observations. She said that the first accused, the driver, said that it was his own private vehicle.
Prosecutor Leonard Killinyet, on re-direct, asked the witness how many occupants were there during the arrest and she confirmed they were three people who were the accused in court today. Killinyet also asked if the vehicle was private or public and the witness responded that it was a private vehicle.
The next hearing will be on March 21, 2024. Four more witnesses, including a government analyst and three other Kenya wildlife officers are expected to testify.
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#10. October 30th, 2023 (Hearing): (This is SEEJ’s first appearance in this matter.) The prosecution was ready with three (3) witnesses. The accused persons’ counsel was indisposed. The hearing was adjourned to December 11th, 2023.
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There have been ten (10) sittings from arraignment on June 19th, 2023 to when the first hearing was scheduled on October 30th, 2023.
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#9. September 9th, 2023(Mention): Did not attend (DNA)
#1. June 19th, 2023.(Plea): All accused were arraigned and pleaded not guilty on this date.
