Today’s Court Update
#14. September 19th, 2024 (Mention): It is noted today that this matter is now being presided by Chief Magistrate Elena Gathoni Nderitu, recently transferred from Molo Law Courts. The Honourable Nderitu noted that this matter, now before the courts for 17 months, has yet to hear from any witness and set a hearing date for October 31st.
Case Overview
On April 15th, 2023, the accused was intercepted by officers in the area of the Kieni Dairy junction along Mweiga – Nyahuru highway, Nyeri County. The vehicle in which he was driving, a Toyota saloon, registration number KAR 666N, was searched and found to contain six elephant tusk pieces weighing 7.66 kg, an M16 rifle and ammunition. He was accordingly charged before Nyeri magistrates court.
Note: The seized ammunition was of a different calibre to the M16 rifle.
Presiding Magistrate and Court: Hon. E.G. Nderitu – Chief Magistrate Court 1 Previously – Hon. Alfred G. Kibiru – Chief Magistrate | |
State Counsel: Mirriam Sakari | Advocates for the Accused: |
Accused: George Muiru Kirika | |
Charges:
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Date of Arrest: 2023-04-15 | Date of Arraignment: 2023-05-02 |
Location of Arrest: Kieni Dairy junction along Mweiga – Nyahuru highway, Nyeri County | Contraband Seized: 7.6 kg (6 pieces) |
Proceedings
#13. August 20th, 2024 (Hearing): This hearing did not take place. The matter was adjourned for a mention on September 19th.
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#12. June 25th, 2024 (Hearing): This hearing did not take place as the prosecutor was said to be absent on official matters. The hearing has been adjourned to August 20th.
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#11. May 2nd, 2024 (Mention): The court set a hearing date of June 25th. (SEEJ-AFRICA not in attendance).
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#10. April 16th, 2024 (Mention): The mention to set a hearing date did not take place. A mention date was set in court 8 of Hon. Evelyn Gauthuma for May 2 to set a hearing date. (SEEJ-AFRICA not in attendance)
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#9. April 2nd, 2024 (Hearing): Today’s scheduled hearing did not take place as the court of Chief Magistrate Alfred G. Kibiru was not sitting. He was away on official duties. The file was mentioned before Hon. SRM Mercyline Lubia and given a date of April 16th to set another hearing date.
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#8. January 23rd, 2024 (Hearing):
by Purity Mwangi
The case of George Muiru Kirika did not proceed today due to the absence of the witness. The case that appeared before Nyeri Chief Magistrate Alfred Kibiru was adjourned until March 26, 2024.
The prosecutor, Ms. Mirriam Sakari, told the court that she could not continue with the case as the witness did not attend court today, for reasons of which she had not been made aware. The magistrate ordered the Investigation officer (IO) to inform the witness in advance to avail in court on next hearing date.
The accused was charged with dealing with wildlife trophy of endangered wildlife species without a permit or lawful exemptions contrary to section 92(a ) as read with section 105 WCMA.
According to the charge sheet the accused on April 15, 2023, at Kieni dairy junction along Mweiga – Nyahuru highway in Kieni west, Nyeri county, was found dealing with wildlife trophies namely six elephant tusks weighing 7.665 kgs being transported using a white Toyota Saloon vehicle reg number KAR666N, without authority from Director of the Kenya Wildlife Service.
He faced an alternative count of being in possession of the said wildlife trophies without a permit.
On the third count, the accused was charged with being in possession of unlicensed firearms contrary to section 4(3)(a) of the Firearm Act. The accused is alleged to have been found on arrest in possession of an M16 firearm, serial number SER009140, concealed inside of a white nylon sack that was in the boot compartment of the said vehicle.
He was lastly charged with being in possession of ammunition without firearm certificate contrary to section 4A(i)(a) of the Firearm amended Act Number 6 of 2012 law of Kenya. The accused is said to have been in possession of 12 rounds of .303 calibre ammunition and one 7.62 x 51mm bullet wrapped in a piece of old newspaper and transparent polythene bags concealed inside the said sack and boot of the said vehicle.
The accused had denied all the charges and was previously released on a bond of KES 600 ,000 or a cash bail KES 300,000.
The next hearing will be on March 26th April 2nd, 2024.
This was the first appearance for SEEJ-AFRICA in this matter.
NOTE: The ammunition found with the accused was a different calibre than that of the seized rifle.
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#7. October 12th, 2024 (Hearing): Did not attend
