Today’s Court Update
#18. April 3rd, 2024 (Hearing): The court set a mention date of May 27th, 2024. (SEEJ-AFRICA not in attendance).
Case Overview
On the April 28th, 2022 at around 1905 hrs at Mingujini area of Ganze,Kilifi county, with another not before court Pascal Mwaiha Katana and Daniel Kasiwa Kalu were jointly found in possession of wildlife trophies of endangered species. Namely, 10 pieces of Elephant ivory 14 kg, contrary to section 92(4) WCMA.
Presiding Magistrate and Court: Hon. D. Wasike – Principal Magistrate Court 2 Hon.Geoffrey O. Kimanga – Senior Resident Magistrate | |
State Counsel: | Advocates for the Accused: |
Accused: 1.Pascal Mwaiha Katana 2. Daniel Kasiwa Kalu | |
Charges:
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Date of Arrest: 2022-04-28 | Date of Arraignment: 2022-05-04 |
Location of Arrest: Mingujini,Kilifi County | Contraband Seized: 14 kg (10 piece) |
PROCEEDINGS
#17. December 13th, 2023 ( Hearing): Today’s hearing did not take place as the KWS witnesses were not present for reasons unknown. The matter was adjourned by Hon. Ivy Wasike for hearing on April 3rd, 2024.
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#16. November 15th, 2023 ( Hearing): The matter came up for hearing today before Hon. Ivy Wasike. The accused were present. Two witnesses who were the arresting officers from KWS testified.
The prosecution witness testimony (PW1):
She said she is stationed at Kenya Wildlife office, Mombasa.While at her work station, she and other officers were summoned by the officer in charge of the station to his office at around 12.40 p.m. They were informed that three people were in possession of elephant ivory at Tsangani area.
On arrival at Tsangani area they were further informed that the transaction would take place at Mingujini area. They drove to Mingujini primary school. At about 6pm, three men were seen coming and were carrying a luggage. Two did the actual carrying as one walked behind them.The officers were hiding and the vehicle was hidden too. As soon as the suspects were near, the the officer in charge identified himself and the rest of the team, and requested to carry out a search.
The witness saw 10 pieces of ivory wrapped in brownish Khaki bag.
The accused were requested to produce a permit but they did not avail one. One of the suspects ran away, the remaining two were brought to Bemba police station.
The officer in charge weighed the ivory and recorded in the inventory. The ivory was 14 kg. The inventory was signed by the officer in charge, the accused and PW1.
PW1 confirmed: that the officer in charge was the one who made the search, took the photos, and PW1 and the rest of the team witnessed. The persons arrested that day were the same as in the docks. In the re-examination she said she never forced anyone making reference to the accused to do anything.
Prosecution witness testimony (PW2)
He is KWS driver stationed at KWS Mombasa. He was summoned together with other officers to the IO’s office. Intelligence had been received regarding persons who were in possession of ivory and were planning to sell to unknown buyer. The place this was to take place was at Tsangatsini on your way to Bamba. In a unmarked vehicle they drove to Tsangatsini, and later on received intel that the transaction was to be made at Mingujini primary school.
The witness drove to the said location and hid the vehicle. Soon 3 men came , one man carrying a luggage and handed over to the two who carried it on either side.
The IO stopped them, identified himself and requested to search the luggage. He then asked if they had a permit and they had none. They had 10 pieces of ivory, wrapped in brown bag and placed in a white sack. They were arrested and taken to Bamba police station.The ivory was weighed and found to be 14 kg. An inventory was done and signed, and an inventory certificate issued. He was part of those who signed the aforementioned certificate and/or inventory. The prosecutor asked for another hearing date.
Exhibits
inventory certificate
ivory( 10pcs)
brownish khaki bag
The sack
The case was adjourned for December 13th, 2023.
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