2023Active Case IndexWildlife Crime Courtroom Watch

E1380/23 Nanyuki – R. vs. Joel Kinyua 8 kg ivory

SEEJ-AFRICA
SEEJ-AFRICA
Today’s Court Update
#9. March 18th, 2024 (Mention):
 
The case of Joel Kinyua was in Nanyuki law court today for further direction as from it’s previous adjournment on February 13, 2025.
 
The accused Joel Kinyua appeared before Nanyuki Chief Magistrate Angello Kithinji but the case did not proceed as expected.
 
According to court documents the accused Joel Kinyua was charged on being in possession of a specified endangered wildlife trophy without permit or lawful exemption contrary to section 92(4) of the Wildlife Conservation and Management Act 2013 law of Kenya.
 
The facts are that on October 3,2023, at around 11.00 hours at Kangaita area within Meru County, he was found in possession of endangered wildlife trophy to wit (2) elephant tusks weighing a total of 8.7 kg being hidden in his shamba , that being a trophy of a species that is endangered under schedule 6 of this act and that at time of doing so, he did not have a permit or lawful exemption granted under this act.
 
He has been out on a bond of Ksh 300,000 with similar surety.
 
Prosecutor Miss Rogito said the purpose of the mention was to give more direction.  The next hearing will be July 15,2025.
 
by Purity Mwangi

Case Overview

On or about October 5th, 2023, KWS arrested the accused, in possession of 8 kg of ivory. He was arraigned in Nanyuki court on October 5th, 2023, and charged with possession of trophies of endangered species contrary to the WCMA.
Presiding Magistrate and Court:
 
Hon A.R. Kithinji  – Chief Magistrate Crt 1
 
State Counsel: 
Miss Rogoto
Advocates for the Accused: 
Accused: 
Joel Kinyua
Charges: 
  1. Being in possession of wildlife trophy of endangered species contrary to Section 92 (4) WMCA.
 
Date of Arrest:
2023-10-03
Date of Arraignment:
2023-10-05
Location of Arrest:
Kangaita area, Meru County
Contraband Seized: 
8.7 kg (2 pcs)

Proceedings

#5. May 21st, 2024.(Hearing): For the third time in a row, a scheduled hearing did not take place. The KWS witness expected to testify advised the prosecution of an emergency at the last minute, so the prosecutor was not ready to proceed. The court agreed to adjourn the matter but marked it as a last adjournment. The next hearing date will be July 18th, 2024.

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#4. March 4th, 2024.( Hearing): The case was before A.R Kithinji for hearing. The accused person was present in court and not represented by a counsel. The prosecution having not received the exhibit report asked the court to reschedule the hearing; and its now been set for May 21st, 2024.

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#3. December 18th, 2023 (Hearing): The scheduled hearing did not take place. The prosecution was not ready to proceed and requested more time to build its case. KWS did not have the ivory exhibits in court. The matter was adjourned to March 4th, 2024, for hearing.

 
The accused is out on a KES 300,000 bond. This was the first occasion for SEEJ-AFRICA to appear on this case.
 
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#2. October 19th, 2023 (Mention): DNA – The matter was adjourned for a hearing date of December 18th.
 
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#1. October 5th, 2023 (Plea): The accused was arraigned and pleaded not guilty. The matter was adjourned to October 19th. 

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