Today’s Court Update
#7. July 2nd, 2024 (Hearing): The court set another hearing date of August 22nd. This was the week of country wide demonstrations.
Case Overview
On or about December 29th, 2023, and acting on intelligence, KWS officers with an undercover ‘buyer’ arrested the three accused, Gladys Mkangombe Mwamburi, Naomi Mkamburi Mwakasi, and Mary Wanyoike, in possession of 10 kg of ivory. They were arraigned in Voi court on January 2nd, 2024, and charged with dealing and possession of trophies of endangered species contrary to the WCMA.
Presiding Magistrate and Court: Hon. C.K. Kithinji – Principal Magistrate Court Two | |
State Counsel: Caren | Advocates for the Accused: Dan Wanjala – A#1 and A#2 Unrepresented – A#3 |
Accused: Gladys Mkangombe Mwamburi Naomi Mkamburi Mwakasi Mary Wanyoike | |
Charges:
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Date of Arrest: 2023-12-29 | Date of Arraignment: 2024-01-02 |
Location of Arrest: | Contraband Seized: 10 kg (10 pieces) |
Proceedings
#6. May 9th, 2024 (Hearing): Today’s hearing took place with one witness but was held in court 1. All relevant persons were present and the two accused were represented by the same advocate. On completion of testimony, the court adjourned for a hearing date of July 2nd, 2024.
Testimony of Ranger A.B.
He has been with KWS for 16 years and presently with the investigative unit in Tsavo East National Park.
He says that on 29th December 2023, he received a call from his boss to join other colleagues at Kaloleni Junction. They arrived at approximately 17:40 hr with C.D. and officers from Mombasa.
They were told that there were three women who had ivory. There were two teams involved, and the first team was C.D. and E.F. who were following the suspects closely.
After sometime, C.D. received a signal that the ivory had been seen. Therefore they went to that place and to do operation. The witness proceeded first to the house and he knocked on the door.
One woman opened the door and introduced herself as Naomi, and second one was Gladys who said she is the owner of the house. When he entered in the house he saw one other woman and a child.
The witness saw a sack in which he saw elephant tusks inside. He tried to ask them some questions but they didn’t responded. The suspects were arrested at around 20:00 hrs.
They then took all women to their office. In reaching in the office, they checked the tusks and there were ten pieces of ivory. The accused signed the inventory and weighing certificate.
Exhibits as follows:
Weighing certificate – Exh. 1
Inventory – Exh. 2
Ivory – Exh. 3, marked c1 to c10.
Sacks x 2 – Exh. 4a and 4b
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#05: February 22nd, 2024 (): This would have been the first scheduled hearing and it did not take place. Counsel for the 1st and 2nd accused, Mr. Dan Wanjala, appeared virtually and initially gave the court the impression that he was ready to proceed. The prosecution had the museum expert from Nairobi present as well as the ivory exhibits. However, when the case was later called, Mr. Wanjala requested an adjournment, which the court granted.Hearing
The hearing has been adjourned to May 9th. All accused are out on bond. First attendance for SEEJ-AFRICA.
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#04: February 1st, 2024 (Mention): Did not attend (DNA)
#03: January 25th, 2024 (Mention): DNA
#02: January 16th, 2024 (Mention): DNA
#01: January 2nd, 2024 (Plea): The three accused were arraigned and pleaded not guilty. (SEEJ-AFRICA not in attendance)