Today’s Court Update
#16. June 6th, 2024 (Mention): The court assigned another mention date of July 15th.
Case Overview
On December 26th, 2022, at approximately 03:00 hrs along the Kiserian – Magadi Road in Kajiado County, the accused were found by KWS investigators with four pieces of elephant tusks, weighing 39.0 kgs and hidden in a white sack.
Presiding Magistrate and Court: Hon. Boaz Ombewa– Senior Principal Magistrate – Court 1 | |
State Counsel: Kamau | Advocates for the Accused: Ms. Mariam – A#1 and A#2 Mr Wacheka – #3 |
Accused: Joseph Marao Nkooyio Edward Oinepu Kipaton Ishmael Osoi Kipirei | |
Charges: Dealing in wildlife trophy contrary to Section 92(2) of the WMCA. | |
Date of Arrest: 2022-12-26 | Date of Arraignment: 2022-12-28 |
Location of Arrest: Kiserian – Magadi Road, Kajiado County | Contraband Seized: 39 kg |
PROCEEDINGS
#15. May 6th, 2024 (Mention): Prosecution counsel stated that the matter was coming up for status report on plea agreement discussions. He stated that the prosecution and accused were to meet on 2nd May to discuss but that did not happen as the accused person (remaining accused is Ishmael Osoi) was stuck by the floods and was not able to come for the meeting. The prosecution prayed for more time in 21 days.
Accused has no objection. Matter to be mentioned on June 6th for status report.
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#14. April 15th, 2024 (Hearing): The scheduled hearing did not take place as the prosecution advised that A#3 submitted a letter requesting a plea bargain. The prosecutor requested 21 days to consider. A mention date was set for May 6th, 2024.
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#13. February 15th, 2024 (Mention – Plea Agreement): The first two accused, Joseph Marao Nkooyio and Edward Oinepu Kipaton pleaded guilty today after a plea agreement had been reached. They have been sentenced by Senior Resident Magistrate Ombewa to a fine of KES 300,000 (USD $2000) or to serve one year in prison in default.
The 3rd accused, Ishmael Osoi Kipirei, is not part of the agreement and his trial will continue with the next hearing scheduled for April 15th, 2024.
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#12. January 15th, 2024 (Mention): Defence counsel was indisposed so today’s matter could not be dealt with as intended. D/C had however notified the prosecutor and requested a mention date of mid-February as so the court set the next date for February 15th. There is reportedly a plea bargain in progress.
There is now a 3rd accused to this file. Ishmael Osoi Kipirei was originally arrested under E064/22 and the file was consolidated with this one.
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#11. December 4th, 2023 (Hearing): Todays’s scheduled hearing did not take place. Counsel for the accused, Ms. Saitoti, was not ready to proceed for health reasons. She had requested earlier, through Ms. Jillo of ODPP, for a hearing date in mid-January and the court adjourned for a next hearing date of January 15th, 2024. It was discovered that a third accused had been added to the charge sheet. It has not yet been determined when that occurred.
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#10. November 15th, 2023 (Hearing): Todays scheduled hearing did not take place. While the first accused was present in court , the second accused was not. For the prosecution, Ms. Jillo was holding brief for Mr Kamau.
According to the prosecutor, the 2nd accused was not able to attend the court session because they were marooned by floods in their village. (Namanga)
Jillo also stated that the prosecution and defence were engaged in a plea bargain that was at an advanced stage. A new date for mention was scheduled for the December 4th, 2023.
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#9. September 13th, 2023 (Mention): Matter was coming for pre trial mention for accused 1 and 2. Defence counsel confirmed that all the documents the prosecution was intending to rely on had been supplied.
Next court date: Hearing November 15th, 2023.
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#8. August 22nd, 2023 (Mention): DNA
#7. August 1st, 2023 (Mention): DNA
#6. July 18th, 2023 (Mention): DNA
#5. May 2, 2023 (Mention): The case was coming up for mention to confirm status of plea bargain. Plea bargain not yet ready and defence counsel noted it is hard to reach their accused. Matter adjourned for mention on the July 18th, 2023.
