Today’s Court Update
#11. June 13th, 2024 (Hearing): The scheduled hearing did not take place as the court was not sitting. A mention date was set for June 27th.
Case Overview
On April 18th, 2023, and based on information, KWS investigators conducted a search operation in a home in the Aberdares National Park area. In the process, they arrested one male found with two pieces of ivory weighing 6.27 kg. He was arraigned before Nyeri court the following day.
Presiding Magistrate and Court: Hon. Alfred G. Kibiru – Chief Magistrate | |
State Counsel: Mirriam Sakari | Advocates for the Accused: Muhoho Gichumu |
Accused: Anthony Mwangi Maina | |
Charges: Dealing in wildlife trophy contrary to section 92 (2) WCMA Being in possession of wildlife trophy contrary to section 92 (4) WCMA | |
Date of Arrest: 2023-04- 18 | Date of Arraignment: 2023-04-19 |
Location of Arrest: Kanyinya Village in Tetu, Nyeri County | Contraband Seized: 6.27 kg (2 pieces) |
Proceedings
#10. April 25th, 2024 (Hearing): The scheduled hearing did not take place due to the length of time required for an earlier hearing. Defence counsel requested an early hearing date and Nyeri Chief Magistrate Alfred Kibiru set it over for June 13th, 2024.
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#9. February 15th, 2024 (Hearing):
by Purity Mwangi.
The case of Antony Mwangi Maina did not proceed today. The matter appeared before Nyeri Chief Magistrate Alfred G. Kibiru with the accused present. The prosecutor, Ms. Mirriam Sakari, requested for another date . She told the court that she was expecting a witness from KWS but was informed that the witness was on annual leave. The accused lawyer Muhoho Gichumu requested the court to consider that the witness is an employee of the complainant and knew the matter was coming for hearing (3 1/2 months ago). He complained the last adjournment was a similar situation. The case will be heard on April 25,2024.
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#8. October 24th, 2023 (Hearing): The case came up for hearing. The accused was present and was presented by his counsel. Two witnesses testified, both KWS officers from the Aberdares National Park.
PW1 Testimony
He said he had worked for KWS for the last 9 years. He described how he received information from his commander on the evening of 16th of April 2023. As a result on the following day, at around 5 am they carried out an operation. It took them 30 minutes to locate the house. PW1 knocked on the door and the suspect let them in after they had introduced themselves. They then asked if they could search the house and the suspect didn’t not oppose. After a while he found a white manila sack under the bed and upon unwrapping they found two elephant tusks, a machete, an axe and a knife.
PW2 Testimony
The second witness KWS officer had the same account of the events but he states he didn’t not get in the house. He did not see the evidence until after the house search. He was the one who entered the inventory and the weighing document. He states that the accused informed them that he had rented the place and he actually resided in Solio.
Cross examination
The defence counsel raised the issue of KWS utilizing in their search operation, a neutral person like an Area Chief, who could add validity to their claim that his client had been found with ivory and to disprove allegations that they had planted the same. The case has been adjourned to February 15th, 2024, for defence hearing.
Note: This was the first attendance of SEEJ-AFRICA. This matter has been before the courts on seven previous sittings since arraignment.
