Sentencing Date: 2024-05-16 |
Offence Date: 2019-08-12 |
Magistrate(s): Chief Magistrate Evans H. Keago Previously – Chief Magistrate Patricia Gichohi Resident Magistrate James Wanyanga |
Court: Nyaharuru |
Trial Duration: 56 Months – 30 sittings |
Arrest Details: On August 12th, 2019, undercover KWS operatives and local police, arrested David Mwangi Ndegwa with four elephant tusks weighing 89 kg. An accomplice, Peter Mubiri Mukunga, escaped but was later captured. |
Link: |
Conclusion: David Mwangi Ndegwa – Found guilty and sentenced to 3 million shilling fine or in default 5 years in prison on each count consecutive. Peter Mubiri Mukunga: – No case to answer as no evidence linking him to the crime or scene of crime. Note: |
Today’s Court Update
#27. March 4th, 2024 (Judgement): The scheduled judgement did not take place. This is the 4th adjournment due to the judgement not being ready. The judgment is further adjourned to March 28th 2024. (SEEJ-AFRICA not in attendance)
Case Overview
On August 12th, 2019, undercover KWS operatives in an operation with local police, arrested a man in the Karampton area found with four elephant tusks. The total weight was 89 kg. David Mwangi Ndegwa was captured while his accomplice escaped, reportedly based on a tipoff from members of the public.
During the arraignment process two days later, the presiding judge, Resident Magistrate James Wanyanga found himself an intermediary in a dispute over the custody of the ivory exhibits. KWS wanted the four tusks secured in their Rumuruti office while the local police stated that they should be kept at their Mairo-Inya Police Station. RM Wanyanga ordered that the exhibits remain in the nearest KWS station.
David Mwangi Ndegwa was charged with dealing and in possession of wildlife trophies. His accomplice, Peter Mubiri Mukunga, was later arrested and charged.
Presiding Magistrate and Court: Hon. Evans H. Keago – Chief Magistrate Hon. Stephen O. Mogote – Senior Principal Magistrate Hon. Patricia Gichohi – Chief Magistrate Hon. James Wanyanga – Resident Magistrate | |
State Counsel: | Advocates for the Accused: |
Accused:
| |
Charges:
| |
Date of Arrest: 2019-08-10 | Date of Arraignment: 2019-08-13 |
Location of Arrest: Ndaraga, Nyahururu County | Contraband Seized: 88 (89) kg |
PROCEEDINGS
#26. January 22nd, 2024 (Judgement): The scheduled judgement did not take place. The judgement is not yet ready for the Hon. Magistrate to deliver. The judgment is further adjourned to March 4th 2024.
******************************
#25. November 28th, 2023 (Judgement): The scheduled judgement did not take place. While the accused was present, his advocate was not. Judgement adjourned to January 22nd, 2024.
******************************
#24. November 14th, 2023 (Judgement): The judgement was not ready, therefore court postponed judgement to November 28th, 2023.
******************************
# 23.October 2nd, 2023 (Mention): Did not Attend (DNA). Judgement date given.
******************************
#22. September 28th, 2023 (Submissions): DNA
********************************
#21. July 27th, 2023 (Defence Hearing): (Before Hon. Stephen O. Mogote)
The matter was coming up for a hearing. The 1st accused had been asked to defend himself. In his defence, he said he said had been arrested at the scene of the crime around midnight and claimed to have been passing by when he was requested by a certain lady to help them load his lorry which was parked at the side of the road with some goods which he could not identify. They proceeded to give him a lift towards his destination during which time the lorry was stopped, searched and he was also arrested.
Adjourned to 28th September 2023 for the accused to make further admissions.
********************************
#20. June 22, 2023 (Ruling): (Before Hon. Stephen O. Mogote)
The matter was coming up for ruling. The two accused persons were present, and were represented. The 1st accused was found to have a case to answer as he was arrested at the scene of the crime. The 2nd accused was found not to have a case to answer as there was no evidence linking him to the crime or the scene of crime. Adjourned to July 27th, 2023 for defence hearing.
********************************
#19.May 23rd, 2023 (Submissions): Submissions were made in writing so the court received them, and set June 22nd for ruling.
********************************
#18. April 25th, 2023 (Hearing): This was up for hearing and the porsecution case closed with the last witnesses. (This was the first appearance for SEEJ)
********************************
#1. August 13th, 2019 (Plea): The two accused were arraigned and pleaded not guilty.
