On December 21st, 2023, Chief Magistrate Dominica Nyambu of Meru Law Courts acquitted the second accused of all charges.
Sentencing Date: 2023-12-21 |
Offence Date: 2018-01-18 |
Magistrate(s): Chief Magistrate Dominica Nyambu |
Court: Meru |
Trial Duration: 71 months |
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Arrest Details: KWS, on intelligence, stopped a vehicle carrying passengers on the Isiolo – Ruiru road during evening hours, occupants ran and only A#1 captured, 17 kg ivory in the vehicle rear. A#2 later arrested. |
Sentence/Conclusion: Based on the manner of the vehicle stop, it was not proven that the accused had possession or even knowledge of the ivory in the vehicle. |
Accused #1: Peter Mutunyi Josphat had not attended court since the prosecution closed its case and an arrest warrant is in effect. |
Accused #2: Meshack Thuranira was acquitted. |
Final Court Update
#28. March 28th, 2024 (Mention): The first accused has not been arrested, warrant in effect pending arrest. The court has not assigned any future dates.
Case Overview
On January 18th, 2018, KWS rangers received information of a vehicle ferrying ivory from Meru to Isiolo. A roadblock was set up on the Isiolo – Ruiru road and at approximately 19:00 hrs the suspect vehicle was stopped. The Probox vehicle was carrying many passengers and in the process of stopping the vehicle, KWS fired shots in the air. All occupants ran and the only one captured was the first accused, Peter Mutunyi Josphat who had been in the back seat. KWS officers found 3 pieces of raw ivory weighing 17 kgs in the rear of the vehicle.
The second accused, when he fled the vehicle, went to a police station and reported that his vehicle had been carjacked by unknown persons who had been firing rifles.
Presiding Magistrate and Court: Hon. Dominica Nyambu – Chief Magistrate Previously – Hon. H. Ndung’u – Chief Magistrate | |
State Counsel: Vicky Kitoto | Advocates for the Accused: Not represented |
Accused: Peter Mutunyi Josphat – absconded and warrant outstanding Meshack Thuranira | |
Charges: 1. Being in possession of wildlife trophy contrary section 95 WCMA. 2. Giving false information to a person employed in the public service | |
Date of Arrest: 2018-01-18 | Date of Arraignment: 2018-01-22 |
Location of Arrest: Kwa Koome, Rwarera Location, Meru county | Contraband Seized: 17 kg (3 piece) |
PROCEEDINGS
#27. January 18th, 2024 (Mention): This matter came up for mention as there is still a warrant in effect for the arrest of the first accused person. The case will be mentioned again on March 28th, 2024. The second accused was previously acquitted of all charges on December 12th, 2023.
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#26. December 12th, 2023 (Judgement): Chief Magistrate Dominica Nyambu today acquitted the second accused of all charges.
In her comments, she stated that prosecution witnesses agreed that there were many people in the vehicle that was being operated at the time as a taxi. KWS had no description for a suspect. They did not pursue any of the occupants as they fled the vehicle. CM Nyambu stated that under the circumstances there was no justification for KWS firing shots into the air just prior to the vehicle being stopped. “The manner in which KWS conducted themselves was less than desirable.”
It was also believable that the second accused thought he was being car jacked and the prosecution brought no evidence to counter that.
The Toyota Probox that was seized 6 years ago was ordered returned to the owner (was not an accused).
The first accused has not been attending court and as such a warrant of arrest has been issued. This matter will be mentioned further on February 1st, 2024.
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#25. December 7th, 2023 (Judgement): One of the accused persons was involved in an accident earlier this morning and the brother presented himself to court to inform the court what happened. The matter adjourned to December 21st, 2023 to give him time to recover.
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#24. October 26th, 2023 (Judgement): Today’s cases were heard in Chambers. There was no indication as to why the judgement was not ready. The matter was adjourned to December 7th, 2023.
