SENTENCE: Each of the three accused were sentenced to seven years jail without a fine option.
Today’s Court Update
#35. February 22nd, 2024 (Sentencing):
by E. Gutu
In a decisive verdict today, Principal Magistrate Irene Marcia Kahuya sentenced the three accused, Thomas Munyao Mang’ondu, Simon Musumbi Mang’ondu, and Felista Ndinda Raymond, to seven years in prison with no fine option. The three had been charged with dealing in wildlife trophies as a consequence to attempting to sell 6 kg of elephant ivory to an undercover KWS ‘buyer’ in March 2021.
The court had on February 8th found the trio guilty of dealing in wildlife trophies. The accused, expressing a mix of shock, disbelief and sorrow stood before the court as Honorable Kahuya pronounced their fate.
Honorable Kahuya, in her comprehensive sentencing report, revealed the factors that had influenced her decision. She stated that she had considered the defendants’ pleas for leniency, which they had cited familial responsibilities. She also acknowledged their status as first-time offenders. One of the accused, Munyao, has been in remand prison the entire duration of the court proceedings. Hon. Kahuya stated considering these factors, she opted to hand down the minimum sentence permitted for such a crime.
From a case management perspective, this matter was before the court on 36 occasions and two different magistrates over the almost 3 year period.
Case Overview
In March 2021, KWS officers arrested the accused in possession and dealing in 6 kg of ivory. They were arraigned on March 15th and pleaded not guilty.
Presiding Magistrate and Court: Hon. Irene Marcia Kahuya – Principal Magistrate Court 6 | |
State Counsel: Violet | Advocates for the Accused: |
Accused:
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Charges:
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Date of Arrest: | Date of Arraignment: 2021-03-15 |
Location of Arrest: | Contraband Seized: 6 kg |
Proceedings
#34. February 15th, 2024 (Sentencing):
by E. Gutu
The sentencing for the case with docket number E434/21 was today adjourned. The three accused individuals, Munyau, Musumbi, and Ndinda, who are in custody awaiting the court’s decision, were informed by Hon. Principal Magistrate Irene Marcia Kahuya that the sentencing report was not ready for presentation.
Hon. Kahuya addressed the court, expressing her regret for the delay and clarified that she required additional time to complete the comprehensive sentencing report. She announced that the sentencing for the case has been rescheduled for February 22nd.
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#33. February 8th, 2024 (Judgement):
by E. Gutu
In a judgement today at Kibera Law Courts, the three accused individuals in case number E434/21, Thomas Munyao, Simon Musumbi, and Felista Ndinda, were found guilty of dealing in wildlife trophies. The verdict was delivered by Principal Magistrate Irene Marcia Kahuya, who expressed skepticism about the credibility of the accused persons’ testimony and upheld the prosecution’s case.
According to the testimony given in court during the proceedings, the three were arrested as a result of an undercover operation by Kenya Wildlife Service (KWS) officers, leading up to the arrest of the three accused in Kiserian. The officers, led by Officer Njeri posing as a buyer, apprehended the three individuals as they attempted to sell elephant tusks. According to the KWS officers’ testimony, the accused were taken into custody immediately after entering Njeri’s vehicle, where the illegal transaction was supposed to occur.
Contrary to this account, the accused during the proceedings had told the court that they were innocent bystanders. They claimed that a person carrying a bag had accidentally bumped into Ndinda, dropping the bag and fleeing the scene. Thomas Munyao then picked up the bag in an attempt to return it to the owner when they were surrounded by KWS officers and arrested for possession of wildlife trophy. The accused had vehemently denied being in Officer Njeri’s vehicle, maintaining they were arrested on the roadside where they stood as they tried to figure out what to do with the bag.
Hon Kahuya, in her judgement, highlighted the implausibility of the accused’s version of events, stating that it was highly unlikely for the person carrying the bag to have only bumped into one of the three defendants on a busy street. She noted that the purported owner of the bag made no effort to reclaim it, casting doubt on the accused’s narrative. The magistrate further stated that the prosecution had presented a strong case, supported by credible witnesses whose testimonies reinforced the charges against the three.
During the plea for leniency, Ndinda revealed she was a single mother of two young children. Thomas Munyao and Simon Musumbi, both informed the court they were sole breadwinners of their families, expressed remorse and begged the court for mercy.
The three accused were remanded in custody pending sentencing scheduled for February 15th.
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#32. January 25th, 2024 (No sitting): This matter had originally been set for January 22nd. The cause list for the week indicated that the hearing was to take place on January 25th. SEEJ-AFRICA attended court 6 on the January 25th to find that the defence hearing had taken place on Monday the 22nd and a judgement date was set for February 8th, 2024.
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#31. December 6th, 2023 (Defence Hearing): The scheduled defence hearing did not take place. The advocate on record for all three accused withdrew from the matter, advising the court due to his ailing son who requires full time attention.
Hon. Kahuya advised all accused that the matter will proceed to hearing on the next scheduled date of January 22nd, 2024.
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#30. November 21st, 2023 (Defence Hearing): Today’s defence hearing did not take place. The matter has been adjourned to December 6th.
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#29. November 7th, 2023 (Mention): The case came up for mention.Present in court was the magistrate, prosecutor and one of the accused who is still in custody. The matter was presented before Hon. Irene Marcia Kahuya.
Two of the accused persons and the defence counsel did not appear before the magistrate. The magistrate did not question their absence and she assigned the case a new court date a minute or two after the case file was called.
The next court date will be November 21st, 2023.
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#28.October 24th, 2023 (Defence Hearing): The court was not sitting today as the Hon. Magistrate was apparently in Kajiado court conducting a sentencing on another matter. The matter was adjourned to November 7th, 2023 for mention and November 21st, 2023 for defence hearing.
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#27.September 25th, 2023 (Defence Hearing): All the accused and prosecutor were all present. The matter was coming up for a defence hearing, but the defence counsel requested that the case be adjourned to a later date, stating they were not ready for the hearing. They could not communicate with the 3rd accused in prison, which hindered their preparations. Matter adjourned to October 24th, 2023 for defence hearing.
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#26.August 8th, 2023 (Ruling): Did not attend (DNA)
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#25. July 27th, 2023 (Hearing): DNA
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#24. July 5th, 2023 (Hearing): DNA
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#23.June 5th, 2023 (Hearing): First appearance of SEEJ. The prosecutor was absent and so another prosecutor came from another court. KWS was also not present so there was no police file.The new court date is July 5th, 2023.
