Final Court Update
#13. January 21st, 2025 (Judgement): All relevant persons were in court with the exception of the accused who attended virtually as did his counsel.
The magistrate considered the probation report that was favourable towards the accused. Based on his remorse, age, usefulness to his village and their opinion of him, the weight of his case, comments of KWS, and his lack of previous record, he was given a sentence of two years community service with the Mpizinyi health centre.
If he should fail to follow all laws and guidelines he will be brought back to court and sentenced to jail.
The accused person gave his thanks to court. He was also told if he has not been satisfied with the court’s judgement, he should appeal before fourteen days.
The trial lasted 17 months and in 13 sittings.
Magistrate Obura two months later sentenced two men to seven years imprisonment for dealing 33 kg of ivory.
Case Overview
On August 31st, 2023, KWS officers received intelligence that a man would be selling ivory at the Bedu Bar.They went to the said place and saw a suspicious man with a sack. On questioning him they found that he was carrying 4.6 kg of ivory.The suspect Mr. Dishon Mwangondi Mwangongo was arrested and taken to Voi police station. He was arraigned the following day and pleaded not guilty.
Presiding Magistrate and Court: Hon. O. B. Obura – Chief Magistrate Court 1 | |
State Counsel: Caren | Advocates for the Accused: |
Accused: Dishon Mwangondi Mwangongo | |
Charges: 1.Dealing in wildlife trophy contrary to section 92 (2) WCMA | |
Date of Arrest: 2023-08-31 | Date of Arraignment: 2023-09-01 |
Location of Arrest: Mwatate area. | Contraband Seized: 4.6 kg |
Proceedings
#4. February 7th, 2023 (Hearing): The scheduled hearing did not take place. Court 1 of Chief Magistrate Obura was not sitting for reasons unknown and the matter was moved to court 2. The accused was present. The witnesses and ivory exhibits were not, indicating that KWS had forewarning. The next hearing date was set for April 23rd, 2024.
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#3. November 7th, 2023 (Hearing): The magistrate, the prosecutor and the accused person were present in court. The accused person had counsel.
The testimony of the witness (PW1).
The KWS ranger was based at MacKinnon outpost. He stated that on 31st August 2023 he received intel that someone with ivory was at Bedu bar in Mwatate looking for a buyer. In the the company of another officer, they arrived at Bedu bar at 7:45 pm. Inside, they saw a suspicious man with a sack.
They then questioned him and found that he had an elephant tusk. The officers then asked him if he had a permit, to which answered that he had none.
He was arrested and taken to their offices in Voi. On their arrival, the accused person was interrogated and the inventory taken by the police officer and signed by the accused and the arresting officers.
The statement was then prepared and he was arraigned in court.
The following were presented as exhibits:
1.Inventory
2. An elephant ivory of 4.6 kg.
3. A white sack which was used as a carrier of the ivory.
The following was asked on cross examination:
Defence Counsel (D/C): Did you get my client in the bar or in the vehicle , because I am sure you are lying.
PW1: We arrested him in the bar, Bedu bar.
(D/C): Do you have any evidence showing that he was arrested with the tusk?
PW1: Yes , we have photos taken of him holding the sack with ivory.
(D/C): Was the tusk an elephant’s or of another animal?
PW1: Yes, it was investigated and confirmed to be an elephant’s.
The hearing was adjourned to February 7th, 2024.
Note: This was SEEJ-AFRICA’s first appearance.
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#2. September 12th, 2023 (Mention): Did not attend
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#1. September 1st, 2023 (Plea): The accused was arraigned on charges of dealing and possession of wildlife trophies and pleaded not guilty.
