Case Conclusion
#28. August 22nd, 2024 (Ruling – sentencing):
All relevant persons were present although the accused was appearing virtually through Google meet from prison.
The magistrate stated that she had gone through the accused’s claims but she had not seen any issue to hinder her decision. According to Section 92 (2) WCMA, the court found Kazungu Karisa Mwakombe guilty and he is sentenced for seven years imprisonment. He may appeal within fourteen days from today.
Case Overview
The accused was arrested on August 9th, 2023 by KWS investigators and found with 2 pieces of ivory weighing 21 kg.
Sentencing Date: 2024-08-22 |
Offence Date: 2023-08-09 |
Magistrate(s): Principal Magistrate C. K. Kithinji |
Court: Voi |
Trial Duration: 22 Months – 30 sittings |
Arrest Details: |
Link: |
Conclusion: The accused was found guilty of dealing in |
Presiding Magistrate and Court: Hon C. K. Kithinji – Principle Magistrate Court 2 | |
State Counsel: Caren | Advocates for the Accused: Not Represented |
Accused: Kazungu Karisa Mwakombe | |
Charges:
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Date of Arrest: 2023-08-08 | Date of Arraignment: 2023-08-10 |
Location of Arrest: | Contraband Seized: 21 kg (2 piece) |
Proceedings
#27. August 13th, 2024 (Mention re sentencing):
All relevant persons were present although the accused was appearing virtually through Google meet from prison.
The probation officer presented the report to the court. The magistrate said, according to the report the accused is not eligible for a non-custodial sentence.
The accused person said that he has nothing to say but asked that his sentence begin from the date he was arrested and requested a transfer to another prison.
The court will hand down sentence on August 22nd, 2024.
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#26. July 30th, 2024 (Judgement): Principal C.K. Kithinji today found the accused guilty of dealing in wildlife trophies of endangered species.
All relevant persons were present although the accused was appearing virtually through Google meet from prison.
The magistrate commenced by summarising the case. She stated that on August 8th, 2023, KWS officers moved to Zungulukani at 7:50pm after they received a call. They waited for the accused at Kilibasi. At 8 pm, they saw two people who had a sack and made a move to arrest. The two persons ran to escape.
The officers managed to arrest the accused with a greenish sack which had two pieces of Ivory. They took him to Meli Kubwa police station and later to Voi police station.
The tasks were measured and we’re taken to the National Museum and their report indicates they were elephant tusks.
The accused states that he was at home and received a call from someone who needed a driver. He accompanied the two persons (Were and Jesca) who he claimed were the ones who gave him the vehicle.
The accused also claimed that the person who gave you work was Joseph Were and not John Were, and this showed that his testimony was not clear.
In his defence hearing, he claimed things which were not clear.
For the prosecution, the testimony from the first, second and fourth witnesses were similar. The Magistrate accordingly found the accused guilty of Section 92 (2) of the WMCA.
The prosecutor said that even though the accused person has never been found guilty, the court must know that elephants are endangered species and also the elephants are tourist attractions and so the ruling should not be taken lightly.
The magistrate then said according to the act if one is found guilty of elephant tusks trafficking, he or she is sentenced not less that seven years.
The accused person asked for forgiveness claiming he won’t repeat the mistake, he also claimed for foreign clause as he is the bread winner in his family.
The court therefore gave a mention date of August 13th, 2024, for the probation report regarding sentencing.
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#25. July 23rd, 2024 (Mention): An administrative mention for the accused still in custody. Judgement date still slated for July 30th.
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#24. July 8th, 2024 (Defence Hearing): All relevant persons were present in court today for the scheduled defence hearing.
The accused person said that he won’t be sworn in and he had no witness.
He stated he is Kazungu Karisa Mwakombe from Kilifi County in Ganze sub-county. He works as a mechanic and a driver. He claims that on 6th August 2023, he was in his home. He received a call from his neighbour telling him that he has his uncle who is in Voi and needs a driver.
He was then given the number of the person who needed a help. They had a conversation and told him that he wanted a driver. After an agreement, he received 3500 Kenya shillings and headed to Voi.
He stated that he arrived in Voi and met Madam Jesca Orengo and Joseph Were. (No much details about who were they as he explained). They then drove to Bilbasi to Thier land with an accused person.
On their arrival, the accused person did not follow them but he was given 200 shillings to go and purchase safaricom credit, a distance of about 300 metres away. He then drove the vehicle and after some minutes he found a vehicle in front of him and he was stopped.
Those officers wanted to do a search. He claims that he opened the boot and the officers got elephant tusk and he was arrested and taken to Maili Kubwa police station to write a statement.
He was later taken to Voi police station. After that he was brought to court and being accused of something he didn’t know of which he has been refusing and he is still refusing.
On his end he said I believe God.
On conclusion of this testimony, the court set a judgement date of July 30th with a mention date of July 23rd.
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#23. June 6th, 2024 (Ruling): Principal Magistrate C.K. Kithinji today ruled that there was a case to answer for the accused. A defence hearing date has been set for July 8th, 2024.
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#22. May 23rd, 2024 (Hearing): All relevant persons were in court including the accused unrepresented. The ivory exhibits were also available for the court.
The testimony today was from the KWS IO, the last witness for the prosecution’s case. The witness stated that he is an investigator in KWS and was the ‘in charge’ of investigations of Tsavo East National Park at the time of the offence.
He stated that on August 8th, 2023, he received a call from intelligence that there are some people having ivory and are looking for a buyer in MacKinnon. He then contacted the head sergeant in MacKinnon and planned for a 15:00 hrs meet.
The witness took an undercover vehicle and drove to MacKinnon to meet the head and other officers to plan for the operation. They decided to go to exact place as they were informed those people were from Zungulukani, heading to MacKinnon.
At 20:50 hrs, they decided to stop and stayed at a hidden place in that area. After some minutes they saw some people with a luggage despite the darkness. The witness then used his vehicle lights to view the suspects.
The people who were seen ran away but one person was arrested with a luggage sack with two pieces of ivory. Due to the area being insecure, they took the suspect and drove to MacKinnon where they stopped and did a thorough investigation.
They found two pieces of ivory one weighing 14 kg and other weighing 7 kg totalling to 21 kg. They wrote a statement and signed. Then they wrote an inventory and weighing certificate and all signed. The suspect was then taken to Voi police station.
The witness took the ivory to Nairobi for examination on September 5th, 2023.
The exhibits were:
1. 14kg task
2. 7kg task.
3. Weighing certificate
4. Sack
5. Inventory note.
6. Report from examination in Nairobi.
Prosecutor claimed that that was his last witness and the court will use the testimony of the witnesses as his submissions. The magistrate then gave a ruling date as at 6th of June 2024.
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#21. May 14th, 2024 (Hearing):Today’s hearing did not take place and the exact reason is not clear. Today’s matter was again going to be heard in chambers due to court #2 being utilized for land dispute cases.
The accused was not brought to court for reasons not given. However, it seems that it was believed by KWS that the hearing date was going to be May 23rd and not today’s date.
The next hearing date is set for May 23rd.
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#20. May 7th, 2024 (Mention): This was a administrative mention due to the accused on remand. Hearing date set for May 14th.
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#19. April 23rd, 2024 (Hearing):The scheduled hearing did not take place. The prosecution requested an adjournment although the real reason for the request is not clear. There was one KWS witness left to testify and he was observed in the courts area. There was another ivory matter being heard in another court room that this witness may have been involved in but he again, did not testify.
The accused was not pleased with the adjournment request but accepted. He has been in custody since his original arrest.
Only one witness has testified since September 2023.
The matter has been adjourned for mention to May 7th.
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#18. April 2nd, 2024 (Mention):Today was a routine mention for the accused in custody but before Court 1 and Chief Magistrate Obura. Hearing date still set for April 23, 2024.
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#17. March 19th, 2024 (Hearing):Today’s hearing proceeded with one witness, Dr. Ogeto Mwebi of the National Museums of Kenya.
He testified that on September 5th, 2023, a KWS officer gave him two pieces of Ivory to verify whether they were elephant tusks. After the verification, he wrote a report, which has been presented in court as an exhibit.
Cross Examination by Accused who was unrepresented
Accused (A#1): Did you know the owner of the ivory?
Dr. Mwebi: No because my work was to confirm if it was elephant ivory or not.
A#1: So why are you giving testimony for this case and yet do don’t know the owner. Is this testimony truth or not.
Dr. Mwebi: It’s true.
After this the prosecutor said that there was still another one witness, an investigating officer who will be available from 28th March as he is recuperating from wounds received in an accident.
Therefore the court gave another hearing date of April 23, 2024 and mention date of April 2nd, 2024.
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#16. February 22nd, 2024 (Mention): Administrative mention with the accused present. Mention dates set for March 12th and hearing date of March 19th.
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#15. February 8th, 2024 (Mention): Administrative mention with the accused present. The accused requested that his bond be reduced and was told by the court for that to happen he or his relatives would have to surrender a title deed to the courts. Mention dates set for February 22nd and March 19th.
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#14. January 25th, 2024 (Mention): Administrative mention with the accused present. Mention dates set for February 8th and March 19th.
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#13. January 11th, 2024 (Hearing): Today’s hearing did not take place at the request of the prosecution as the two scheduled witnesses were absent. One witness had been involved in an accident and had not yet recovered and the second witness was on leave. The matter has been adjourned for mention on January 25th.
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#12. January 4th, 2024 (Mention): All relevant persons present. The accused was not represented. Hearing on January 11th, 2024 as previously scheduled.
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#11. December 21st, 2023 (Mention): This was an administrative mention, next mention date given as January 4th, 2023. (Did not attend)
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#10. November 30th, 2023 (Mention): This was an administrative mention, next mention date given as December 21st, 2023. (Did not attend)
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#9. November 16th, 2023 (Mention): Today’s matter came up for mention, before Hon. C.K. Kithinji.The prosecutor and the accused person were present. The accused person asked the court to reduce his bond. The magistrate gave the next mention date as November 30th, 2023 and hearing date as January 11th, 2024.
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#8. November 2nd, 2023 (Hearing): The scheduled hearing did not take place. All relevant persons present and the prosecution had one witness available to testify. The accused told the court that he was not ready to continue as he had a stomach ache. The court ordered the accused, who is in custody, to be taken to hospital. The hearing has been adjourned to January 11th, 2024.
The accused’s phone, that had been seized on arrest, was returned. KWS had the ivory exhibits on hand at the court
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#7. October 24th, 2023 (Mention): The scheduled mention took place and the accused was present. The accused has requested the return of his phone that was seized on his arrest. That matter will be dealt with on the next hearing date of November 2nd. (this was SEEJ-AFRICA’s first attendance.)
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#1. August 10th, 2023 (Plea):The accused was arraigned and pleaded not guilty.
