Today’s Court Update
#11. July 3rd, 2024 (Hearing): The court set next hearing date for August 12th. This was a demonstration week across the country, unknown at this time if the hearing took place.
Case Overview
On or about May 21st, 2023, KWS arrested the accused, in possession of 23 kg of ivory. They were arraigned in Nanyuki court on May 22nd, 2023, and charged with dealing and possession of trophies of endangered species contrary to the WCMA.
Presiding Magistrate and Court: Hon. Vincent Masivo – Senior Resident Magistrate Crt 3 | |
State Counsel: | Advocates for the Accused: |
Accused: Stephen Kinywa | |
Charges:
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Date of Arrest: 2023-05- | Date of Arraignment: 2023-05-22 |
Location of Arrest: | Contraband Seized: 23 kg |
Proceedings
#10. May 13th, 2024 (Hearing): One witness testified of the two scheduled. A.B. was a KWS officer of 14 years. She received information on someone who was suspected of having elephant tusks and made contact with the first accused (A#1). It took some time before he was comfortable enough to do business with her. A#1 finally agreed to avail himself on May 20th, 2023. They met at the Springfield Hotel, Nanyuki, and then agreed to meet the next day.
On May 21st, 2023, the witness was contacted by A#1 and told that he needed time to avail the tusks. At approximately 8 pm, A#1 called and it was agreed they would meet at the PEAK building in Nanyuki. The accused arrived on a boda boda and informed the witness, now in company of other officers, to follow where the tusks were. They followed him to the road leading to Kanyori area and stopped and waited, convincing A#1 to sit with them in their vehicle. Later, a boda boda approached with to men and luggage, the person alighted the bodaboda with the luggage and a machete in his hand. They arrested the two men after inspecting the luggage that was in the sacks. They found 6 pieces of elephant tusks in three sacks, one green in colour and two white in colour. They escorted the two to their offices and handed them to the IO.
The first accused was found to have travelled from Thika to Nanyuki on May 20th for the transaction. The second accused was arrested with a machete. The driver of the motorcycle (boda boda) was not charged.
The second scheduled KWS witness was not available as he had to depart for duty purposes.
Next hearing date of July 3rd, 2024.
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#9.February 27th, 2023 (Hearing): The scheduled hearing did not take place. Lawyer for the accused was not present and had another lawyer holding brief tell the court that he was held up somewhere else. The prosecution was ready to proceed with one witness. The matter was adjourned to May 13th.
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#8.December 6th, 2023 (Hearing
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#7. September 25th, 2023 (Mention): The accused requested his bond be withdrawn until he gets another surety. He also requested his wallet and phone returned.
SEEJ-AFRICA was attending this case for the first time.
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#1. May 22nd, 2023 (Plea): The accused was arraigned and pleaded not guilty. The matter was adjourned to June 8th for bond approvals.
