Today’s Court Update
#06. May 17th, 2024( Mention): The matter was coming up for a mention for pre – trial. The Prosecutor stated that she had spoken to the IO ( investigating Officer) ,who was at Kiambu on official duty but would be in court shortly. The file was placed aside but at 11 am, the prosecution stated that all the documents that were to be given to the accused were not available and requested for a further mention.
The accused having no objection, a mention date was slated for June 17th, 2024.
Case Overview
On January 12th, 2024, at Nairobi West and Eastleigh areas of Nairobi county, two men were arrested with ivory. Benedict Charles Mwenda, a serving police officer with the Directorate of Criminal Investigations and Mohammed and Hussein Musa were found dealing in six pieces of elephant ivory weighing 64.5 kgs without permit. They were arraigned in Kahawa law court where they both pleaded not guilty.
Presiding Magistrate and Court: Hon. Boaz Ombewa – Senior Principal Magistrate Court 1 | |
State Counsel: Joyce Gacheru | Advocates for the Accused: Mr. Muthuri for 1st accused. Mr. Chacha for 2nd Accused. |
Accused: Benedict Charles Mwenda Mohammed Hussein Musa | |
Charges: 1.Dealing in wildlife trophy contrary to section 92 (2) WCMA | |
Date of Arrest: 2024 -01 -12 | Date of Arraignment: 2024-01-15 |
Location of Arrest: Nairobi West and Eastleigh, Nairobi county | Contraband Seized: 64.5 Kg |
PROCEEDINGS
#05. April 19th, 2024 (Mention): The court set another mention date of May 17th. (SEEJ-AFRICA not in attendance)
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#04. March 15th, 2024 (Mention): All relevant persons present with Mr. Muthuri for the 1st accused appearing virtually. The matter was coming up for disclosure. Prosecution noted that expert report from the National Museum of Kenya was yet to be provided and prayed for a further mention after 14 days to get the same. The court set the next mention date for April 19th.
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#03. February 16th, 2024 (Mention): Another mention date of March 15th was set. (SEEJ-AFRICA not in attendance).
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#02. February 5th, 2024 (Pre-trial Mention
Therefore the prosecution was not ready to proceed. A further mention date of February 16th, 2024 was given.
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#01. January 15th, 2024 (Plea):
Today was the first appearance for the accused in this case. Both accused pleaded not guilty before Senior Principal Magistrate Hon. Boaz Ombewa.
Mr. Muthuri made an application for bail and/ or bond terms favourable to the 1st accused. The prosecution stated that she will not oppose granting of bail/bond. Mr. Muthuri then made a second application that the 1st accused be detained at the police station and not remanded at prisons. His reason was that since he is a police officer, there is a likely high chance he may meet some of the accused he has arrested in remand. Therefore, for his safety, being detained at the police station would be best placed.
The prosecution objected, noting that he is not the first police officer who has been remanded and to give him preferential treatment would be creating an avenue for future cases.
The court ruled that for the time being the accused be remanded at Kiambu.
Mr. Chacha made a bail/bond application requesting for lenient terms, stating that the 2nd accused had been in custody since Friday, and he is a man of lenient means.
Bail / Bond terms: Bond is Kes 700,000 plus surety or cash bail of Kes 250,000 plus surety
Matter was given a pre trial date of 5th February 2024.
