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Reading: E827/22 Meru – R. vs. Nathan Kirema Makunyi and Visali Muthengi Mucheria 1.7 kg ivory
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Seej Africa > Blog > 2022 > E827/22 Meru – R. vs. Nathan Kirema Makunyi and Visali Muthengi Mucheria 1.7 kg ivory
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E827/22 Meru – R. vs. Nathan Kirema Makunyi and Visali Muthengi Mucheria 1.7 kg ivory

SEEJ-AFRICA
Last updated: June 25, 2024 2:58 pm
SEEJ-AFRICA Published January 27, 2024
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Today’s Court Update 
 
 
#23. June 25th, 2024 (Mention): The matter was adjourned for hearing on September 12th. 
 
 
#22. June 18th, 2024 (Hearing): The scheduled hearing did not take place as all courts across the country were closed for a day of mourning. The matter was later re-scheduled for June 25th.
 

Case Overview

 In July, 2022, at approximately 04:00 hrs in the area of Gakoromonie, Meru County,  the accused, Nathan Kirma Makunyi,  was arrested by police officers who were suspicious of his activities.  Upon searching a black backpack he was carrying, 4 pieces elephant ivory were found, later weighed at 1.7 kg.  The second accused, Visali Muthengi Mucheria, was arrested later based on mobile phone activity.
Presiding Magistrate and Court:
 
Hon. John M. Njoroge  – Chief Magistrate
 
State Counsel: 
 
Advocates for the Accused: 
 
Accused: 
Nathan Kirema Makunyi
Visali Muthengi Mucheria
Charges: 
Being in Possession of endangered wild life trophy without permit or other lawful exception.
Date of Arrest:
2022-
Date of Arraignment:
2022-07-08
Location of Arrest:
Around Gakoromonie, Meru County
Contraband Seized: 
1.7 kg  (1 piece)
 

PROCEEDINGS

#21. March 21st, 2024 (Hearing): The scourge of the judicial proceedings across the land, ill health, strikes yet again. It is fair to say that it is a rare day indeed that there is not at least one wildlife case that we are following that is not adjourned due to sickness to one of the involved parties. Today, it was the turn of the crime scene officer who called in sick early this morning. A new hearing date of June 18th has been set and summons to be issued for a police officer from Mbita police station and a liaison officer from Safaricom.

**********************************
 

#20. January 18th, 2024 (Hearing): Today’s hearing proceeded with testimony from two prosecution witnesses. Both accused were present in court, the second accused with legal representation. The first witness was a police constable from the Gakoromone police post. He testified that at approximately 4am, while  on patrol in the company of other officers, they spotted 3 gentlemen.  The men were questioned as to where they were going and provided answers that the officers were not satisfied with.  One of his colleagues asked to see the back pack that the 1st accused was carrying.  Upon opening, 4 pieces of elephant tusks were discovered.

 
The suspects were searched for any illegal substances and they denied having any certification for handing wildlife trophies. They took them to the police station. He observed that the 1st accused’s phone kept on ringing.  A colleague ordered the 1st accused person to take the phone but this witness did not understand what was being communicated as he is not conversant with the Meru language. He later came to the knowledge that the person who kept calling the 1st accused person was the 2nd  accused.  They lured the 2nd accused to the police station and he was arrested on arrival. 
 
The witness identified the exhibits in court.
 
The second witness was a KWS officer who worked in the investigation department of Meru. He (and his superior) got a call from the OCPD advising them of the arrest.  The presented themselves to the police post and were given access to the exhibits including the black backpack and the 4 pieces of ivory. The ivory was weighed in the presence of the accused and found to be 1.7 kg. The KWS witness identified the two accused as those he found at the police post on his arrival.
 
Next Hearing date is March 21st, 2024.
 
**********************************
 

#19. January 18th, 2024 (Hearing): The court was sitting for the 19th time on this matter. The next hearing date is March 21st, 2024. See notes above. This was the first appearance for SEEJ-AFRICA.

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