2024Wildlife Crime Courtroom Watch

E030/24 Jomo Kenyatta IA – R. vs. Joseph Mutuku, Julius Mwanduka Kiema, Alfred Nzioka Mutie 27 kg ivory

SEEJ-AFRICA
SEEJ-AFRICA
On February 23rd, 2024, 3 men were arrested by the Kenya Wildlife Task Force in the Narok area and found with 27 kg of ivory. They have been arraigned at the JKIA court in Nairobi.

 Today’s Court Update

UPDATE: This matter is still ongoing with the next hearing scheduled for November 18th, 2025.

 

#8. June 24th, 2024 (Hearing): Today’s scheduled hearing did not take place and a pre-trial mention is now scheduled for July 8th.

by E.Gutu

Today’s proceedings in case number E030/24 were marked by confusion after it was discovered that a hearing had been erroneously scheduled instead of a pre-trial session.

The error came to light when one of the accused, Mr. Mutie, informed the court that he had not yet been served with the necessary statements. This revelation prompted an investigation into the scheduling mishap, revealing that the case had been mistakenly given a hearing date due to an administrative oversight.

On the previous pre-trial date, the 28th of May, Hon. Kitagwa was unavailable, and her cases were reassigned new dates in courtroom 1 by her colleague, Hon. Thuku. During this reassignment, case E030/24 was erroneously scheduled for a hearing instead of continuing with the pre-trial process.

All accused persons were present in court today. The court acknowledged the oversight and promptly rescheduled the pre-trial to the 8th of July, to ensure all necessary documents and statements will have been served to the accused persons.

 
 
Saving Endangered Species through Education and Justice

Case Overview 

 
On Friday, February 23rd, 2024, in the Narok area, three men were arrested while dealing in 27 kg of elephant ivory.  The involved officers were part of the Kenya Wildlife Task Force (KWTF), a multi-agency unit, backed by international NGO, Focused Conservation and comprised of officers from the Directorate of Criminal Investigation, the Kenya Forestry Service, and the Kenya Wildlife Service. 
 
The three accused were found with 2 tusks and believed to have come from two different elephants.
 
They have been arraigned at the small court at Jomo Kenyatta International Airport (JKIA) where the prosecution will continue.  
Presiding Magistrate and Court:
Hon. Renee K. Kitagwa – Senior Resident Magistrate  Court 2
 
State Counsel:
 
Advocates for the Accused:
Not Represented
Accused:      
1. Joseph Mutuku
2. Julius Mwanduka Kiema
3. Alfred Nzoika Mutie
Charged: 
  1. Dealing in wildlife trophies of endangered species contrary to Section 92(2) WCMA
Date of Arrest:
2024-02-23
Date of Arraignment:
2024-02-26
Location of Arrest: 
Narok
Contraband Seized:
27 kg (4 pieces)

Proceedings

 
#7. June 4th, 2024 (Mention): The court has set the first hearing date for June 24th, 2024.
 
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#6. May 28th, 2024 (Mention): 
 
by E. Gutu
 
Proceedings in the case number E030/24, scheduled for mention today before Hon. Kitagwa at JKIA Law Courts, were unexpectedly postponed. The accused persons, who are currently held at Industrial Area Remand Prison, were not present in court due to transportation issues.
 
Hon. Kitagwa, who arrived at 11:40 AM, proceeded directly to her chambers where she conducted today’s court session. No explanation was provided for this change in routine. However, it was communicated that the absence of the accused persons was due to a mechanical failure of the prison transport vehicle used to ferry remandees to the court.
 
In light of this circumstance, Hon. Kitagwa rescheduled the mention of case E030/24 to June 4, 2024.
 
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#5. May 8th, 2024 (Mention): The court set a mention date of May 28th.
 
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#4. April 24th, 2024 (Pre-trial Mention): A change in court date saw the pre-trial moved forward to this date. The court set May 8th for the next mention date. SEEJ-AFRICA not in attendance.
 
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#3. March 26th, 2024 (Mention): 
 
by E.Gutu
 
Today at the JKIA Law Courts, case docket number E030/24 was scheduled for a pre-trial hearing before Hon. Kitagwa in court room 2. However, the progress of the proceedings was hindered by two issues: the late arrival to court of the accused persons and the other, the readiness of the prosecution.
 
The three accused individuals had not been brought to court as scheduled from Industrial Prison Remand, where they are currently held in custody, causing a delay. This delay prompted Judge Kitagwa to adjourn proceedings for this case temporarily.
 
After a break that lasted until nearly 1 pm, the accused finally appeared before Judge Kitagwa, all without legal representation. The prosecutor informed the court that necessary documents had been served to the accused, but a statement from the arresting officer was missing. Consequently, the prosecution requested an adjournment to obtain the statement and serve it to the accused, a request to which the accused did not object.
 
During the proceedings, one of the accused individuals, Julius Kiema expressed health concerns, prompting Judge Kitagwa to issue an order for medical attention for him. The other accused inquired about the status of his bond application, to which Judge Kitagwa responded that verification of the provided title deed was underway.
 
The trio now awaits to be served with the remaining document for the pre-trial to begin. Judge Kitagwa set the date for the pre-trial on May 16th.
 
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#2. March 11th, 2024 (Mention): All accused were present, still in custody and unrepresented. The file was called and then put aside. Before it could be recalled, at approximately 11:45 am, the court declared a 20-minute break and then did not reconvene until about 1:30pm. It was at this time that the court announced that all remaining proceedings would take place in Hon. Kitagwa’s chambers.

 
The court subsequently assigned a pre-trial date of March 26, 2024.
 
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#1. February 26th, 2024 (Plea): The three accused plead not guilty.  The next mention date is set for March 11th.
 

Three arrested in Narok with elephant tusks worth Sh2.7m

23 February 2024
 
Three suspects found with four pieces of elephant tusks worth over Sh2 million have been arrested in Narok.
 
Directorate of Criminal Investigations boss Mohamed Amin said in a statement the trio was arrested following a joint operation by DCI’s Serious Crime Unit detectives and local police.
 
He said the suspects were arrested in the Kisiriri area in Narok North.
 
“The tusks weighing 27kg with an estimated street value of Sh2.7 million were found in their possession. The three have been locked up in cells pending arraignment,” Amin said.
 
He said they would be charged under the Wildlife Conservation and Management Act 2013.
 
Section 92(4) of the Act prohibits the Possession of Wildlife Trophies of Endangered Species.
 
The arrest and seizure is the latest in an ongoing war against poaching and comes just three weeks after three other suspects were arrested at Kapsokwony market in Elgeyo Marakwet with Elephant tusks worth Sh3.5 million.
 
Police said the men were using a motorcycle to ferry the trophies when a team of Kenya Wildlife Service rangers and police pounced on them.
 
They had concealed the ivory inside a sack of potatoes.
 
In November 2023, four suspects were also arrested in separate incidents and Elephant tusks worth Sh13 million recovered.
 
During the first arrest on November 14, 2023, two men were arrested in Maralal, Samburu county, while trafficking 36 pieces of elephant tusks weighing 77 kilogrammes valued at Sh12 million.
 
Police said the 36 pieces of ivory were recovered after a search of the car they were using was flagged down on the Maralal-Kisima Road at about 9 am.
 
On November 22, 2023, two other suspects were arrested in Lodwar, Turkana, while trying to sell three pieces of elephant tusks valued at Sh1 million.
 
The men were carrying the tusks weighing about 9.8 kilograms when they were intercepted by police and officers from the Kenya Wildlife Service while transporting the cache on a motorcycle.
 
On December 6, two other suspected poachers were arrested and six pieces of elephant tusks were recovered in an operation in Maralal, Samburu.
 
Elephant tusks fetch a fortune in the black market and a surge in demand for ivory in the East continues to fuel poaching in the region.
 
Poaching has continued to plague the country despite stringent measures in place to address the menace.
 
In July 2023, two herders accused of illegally possessing elephant tusks worth Sh2 million were given stringent bond terms of Sh1 million each after being charged in Mombasa.
 

Kenya Wildlife Task Force Cracks Down on Elephant Ivory Traffickers in Operation Buzzard

 
By / February 22, 2024

In a significant move against wildlife trafficking, the Kenya Wildlife Task Force (KWTF) launched Operation Buzzard, resulting in the apprehension of three individuals involved in the illegal sale of elephant ivory. This operation marks the first collaborative effort since the recent integration of a Kenya Wildlife Service officer into the KWTF.

The arrested individuals were found in possession of a pair of single tusks weighing a total of 27 kgs, suspected to have been sourced from at least two different elephants. They now face charges under Section 92(2) of the Wildlife and Conservation Management Act, highlighting the ongoing commitment to combatting wildlife crime in Kenya.

Saving Endangered Species through Education and Justice

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