Final Court Update
August 22nd, 2024 (Ruling): On this date, Chief Magistrate Dominica Nyambu ruled that the case be closed. While that this was not personally attended, it can be assumed from this ruling that it was established that after three years and 26 sittings that the prosecution had not established a prima facie case.
One is left to wonder if the file that was misplaced was ever found.
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June 5th, 2024 (Hearing): Today’s scheduled hearing did not take place. KWS, while the exhibits were present with them, the file had been misplaced. The prosecution was praying the case to be heard tomorrow on the 6th of June,2024.
However, the accused person did inform the court that he is mourning one of his family members who passed away in recent days and asked the court if the prosecution was not ready to proceed, he be given time to mourn and be given another date. The IO was present and ready to testify. Prosecution had no objection so the court was adjourned until the July 18th, 2024.
Case Overview
The accused were arrested for being in possession of wildlife trophy of endangered wildlife species, without permit or other lawful exemption.
Presiding Magistrate and Court: Hon. Dominica Nyambu – Chief Magistrate Court 2 | |
State Counsel: | Advocates for the Accused: |
Accused: James Alembi Omuchunjunio Kinyua M’Buri Kamwiru | |
Charges:
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Date of Arrest: 2021-08-23 | Date of Arraignment: 2021-08-25 |
Location of Arrest: TBA | Contraband Seized: TBA kg (4 pieces) |
PROCEEDINGS
April 10th, 2024 (Hearing): Today’s scheduled hearing did not take place due to a gazetted public holiday. The court assigned June 5th as the next hearing date.
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#22. March 7th, 2024 (Hearing): Today’s hearing proceeded with testimony from an expert witness, Dr. Ogeto Mwebi from the National Museums of Kenya.
He was presented with the four pieces of elephant tusks accompanied by an exhibit memo. He conducted a test and established they were indeed elephant tusks all from one elephant. He wrote a report and signed it on January 6th, 2022. He also has established that it was a mature elephant but cannot tell how old it was
Please note that only the second accused was in court and there is a warrant of arrest on the first accused. Also the prosecution still has one witness, the investigating Officer(IO). Next date shall be April 10th, 2024.
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#21. November 15th, 2023 (Hearing): Court not sitting for reasons unknown, Adjourned to March 7th.
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#20. October 18th, 2023 (Hearing):
Today’s case involved 2 elephant tusks from two different elephants cut into four pieces. The tusks were in court as well as the sacks there were in during arrest.
Today’s witness was a KWS officer (arresting officer) from Isiolo station. He was called by a KWS officer from Nairobi and advised that there were suspects who had ivory and were in the process of looking for a buyer. So a plan was put in place.
The following day the KWS officer based in Nairobi was able to acquire means of communicating with the suspects. Hassan took some officers with him in an unmarked vehicle (a woman and a man) the lady officer posed as a buyer and after communication with the suspects they established a meeting point at Turkwel filling station. When they arrived the under cover ‘buyer’ went to two suspects(a woman and a man) and negotiated a price. The suspects left, and after some minutes returned but with two more people carry a luggage. The KWS officers identified themselves in the arrest process, two suspects managed to get away (the man and a woman).
Initially there were four suspects but the two escaped. They arrested the two male suspects, booked them, and statements were taken. The two suspects are out on bail but the second accused person James Alembi has not presented himself to court for some months now and an arrest warrant was already issued.
When the first accused person was given a chance to ask questions he alleged that the KWS officer and James Alembi were in this together. On an earlier date, he had called the officer at around 4pm when he received information that Alembi had been seen in the Kibirichia area but the officer did not present himself there to know Alembi’s whereabouts. He didn’t even alert the police officers in the area or even communicate to the area chief about the suspect. The Chief magistrate also even seemed to question this.
The IO in the case was in Mombasa for a seminar so the next hearing set on 15th Nov 2023. Additional information, the accused person in court alleged he was hired to carry the luggage and didn’t have an idea that the sacks had elephant tusks in them.
(This was SEEJ-AFRICA’s first attendance)
