E848/23 Nyeri – R. vs. Stephen Gichohi Ibuka, Daniel Murigu Wahome 52 kg ivory – Acquittal

 

Today was the continuation of the testimony from KWS witness G.H., specifically his cross-examination. 

 

Mr. Gichumu asked whether the witness knew for sure if he was speaking to.the accused person when communicating about the sale of the ivory. Gichumu asked G.H. to provide evidence of such but he did not have any. G.H. did provide the number that he called to get in touch with the accused persons so as to plan where they would meet to sell the ivory.

 

G.H. was also asked how many people he was communicating with and he replied one of them.  Counsel referred him to his statement and he had indicated that he was communicating with the both of them.  G.H. clarified by saying that they had been in touch with the accused persons from 3 to 4 days and the one he was talking with was consulting the other accused person before giving an answer to any issue or query. G.H. confirmed that it was the accused persons he arrested together with the 9 pieces of tusks that weighed 52 kg. He had agreed with the accused persons to sell the ivory at KES 100,000.

 

Next hearing date is May 22nd, 2024. Three witnesses remain to testify.

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#13. November 27th, 2023 (Hearing):

                    by Purity Mwangi

 

The case of Stephen Gichohi Ibuka, and Daniel Murigu Wahome went on hearing today where two arresting officers testified before Nyeri Senior Principal Magistrate Matthias Okuche.  The accused are charged with dealing and being in possession of 9 pieces of ivory weighing 52 kg without a legal permit.

 

The first witness was a KWS officer attached with the Aberdare National Park testified that on May 30, 2023, he was on duty in his office when he received a phone call from his boss and called him to his office.

 

“It was around 10.30am in the morning when my boss called me into his office, I found him with a KWS officer from the main office in Nairobi. My boss informed me there were two suspects who were in possession elephant tusks looking for a buyer at King’ong’o area along Nyeri -Mathari road and told me to prepare for an arresting mission.”

 

He told the court that when they left the station there were four officers including the one from Nairobi who was the driver and undercover buyer and he knew the destination well. Upon arriving at Nyeri- King’ong’o junction he, his boss and one other were dropped off while the undercover officer drove to meet the sellers.  They followed the vehicle from a distance.

 

“From a distance of 500 meters, I saw two men near a highland water plant carrying a white sack the driver (KWS undercover) stopped and the two men got in the car with the luggage. The undercover officer turned on flashlights to signal us and we surrounded the vehicle and introduced ourselves to the suspects as KWS officers. By then the suspects were seated on the back seat together with luggage,” the KWS witness told the court.

 

He testified that they ordered the suspects to get out of the vehicle and demanded to know about the luggage. The two suspects identified as Stephen Gichohi and Daniel Murigu could not explain and after the search, the officer said they recovered the nine elephant tasks in a white sack and digital weighing machine.

 

“We handcuffed the suspects and took them to our Aberdare station office in Mweiga for further interrogation.  Later around 4.00pm they were taken to Nyeri police station,” he testified.

 

During cross-examination, the second accused lawyer, Muhoho Gichimu, asked the witness if the accused were the owner of the luggage and how they could have carried such a heavy load.  He also questioned why the officers took so long to interrogate and whether they forced the accused to be taken finger prints instead of signing.  The witness denied forcing the accused to take fingerprints.

 

Prosecutor Nelly Waweru on cross-examination asked the witness how the accused carried the luggage and how they got into the vehicle and also questioned why it took so long before taking the suspect to Nyeri police station.

 

The second witness was also a KWS officer from Aberdare National Park. He testified that on May 30, 2023, at 10.30am he was on duty when his boss called him in his office.

 

“When I went to the office I  found my boss with a visitor from KWS in Nairobi. My boss informed me there were two suspects in possession of elephant tasks at King’ong’o area along Nyeri Mathari road and I was requested to join them for arrest mission,” he testified.

 

He told the court that there were four in the vehicle and upon reaching Kingongo they were dropped off by the KWS Nairobi officer  who was to be the undercover “buyer”. He proceeded toward Mathari since he knew the suspects.

 

The witness explained to the court that this was a set-up mission to arrest the suspect through an undercover officer who would pretend to be the potential buyer and the officers to give him a backup and arrest the suspects and elephant tusks.

 

”At a 200 meter distance I saw two men carrying a white thing looking like a heavy load, when they got near our car the driver made a turn toward the opposite direction and the two men entered the vehicle and the luggage.  The driver gave a signal using flashlights and we surrounded the vehicle,” he testified.

 

He told the court that they introduced themselves to the suspects and demanded to do a search of the vehicle and they recovered nine elephant tasks and a digital weighing machine when their boss came and sealed the scene of the crime and took photos.

 

The witness said the suspects were inside the vehicle with the tusks when they were taken to the Aberdare station office in Mweiga for further interrogation later around 4.00pm they were taken to Nyeri police station.

 

Upon cross-examination by the second accused lawyer, Muhoho Gichumu, on how the tusks got to the scene he said there was a suspected motorbike but told the court that his boss who was investigating the case would explain. Lawyer Gichimu asked why they detained the suspects for all those hours  and the witness said they were interrogating them.

 

Prosecutor Nelly Waweru asked about the motorcycle owner but the officer said his duty was to arrest the suspects.

 

 

Two more witnesses including a government analyst from Kenya National Museum are expected to testify.  The case was adjourned till December 14, 2023.

 

 

The KWS witness presented photographs of the exhibits and was able to identify the elephant tusks in a white sack according to the photographs taken. The witness also presented a exhibit certificate dated May 31st, 2023.

 

The second witness was unable to testify, reportedly held up in another court. The hearing has been adjourned to November 27th, 2023.

 

#10. October 11th, 2023 (Hearing): The hearing did not occur. Both accused present. The prosecution witnesses were indisposed. Matter adjourned to October 26th,2023.

 

#9. September 11th, 2023 (Hearing): This hearing did not occur.  Today’s scheduled witnesses were not available as they were engaged elsewhere. The matter was adjourned to October 11th, 2023 for hearing. (SEEJ’s first appearance)