You are currently viewing Court Update – CF E138/21 Kwale Court – Republic vs. Josphat Mtoi Kuri 35 kg ivory
Kwale Law Courts

Court Update – CF E138/21 Kwale Court – Republic vs. Josphat Mtoi Kuri 35 kg ivory

Kwale County Administrator Charged with Dealing and Possession of 35 kg of Ivory


  • April 17th, 2021, police arrested a Kwale County clerical officer with 12 ivory tusk pieces weighing 35 kg.
  • Josphat Mtoi Kuri tried to sell to undercover police  for ksh 100,000 per piece.
  • The police had been tracking the suspect for a number of days.
  • He was arrested in the general area of Shimba Hills National Reserve.

Court Updates

Hon. Joseph Omido – Senior Resident Magistrate  Court 1

February 6th, 2023 (Hearing): Presiding Senior Resident Magistrate Joe Omido has been transferred. This case was mentioned before Principal Magistrate Lillian Lewa.  Accused and counsel present.   This hearing has been adjourned to March 27th.  A typed transcript of proceedings has been ordered.
November 14th, 2022 (Hearing):  Magistrate on leave, adjourned to February 6th, 2023.
September 22nd, 2022 (Mention): 
August 30th, 2022 (Hearing):
June 20th, 2022 (Mention):  This was set for mention over issue re witness whose testimony appeared to be contrary to statement.  DPP initially stated she was was told by police that witness could not be found but he came into court shortly thereafter.
As he prepared to testify DPP requested an alternate hearing date. The magistrate asked the witness to first look at his written statement to confirm it is his. This was done. Hearing adjourned to August  30th.
June 6th, 2022 (Hearing): Testimony from one civilian witness who worked at the involved guesthouse.  A guest house receipt is entered into evidence.  A second witness was supposed to testify but read his statement before getting on the stand and had a change of heart, apparently disputing something written in the statement.  DPP referred to him as hostile.   Adjourned for a mention to see if situation can be rectified.
February 15th, 2022 (Mention):
January 25th, 2022 (Mention):
January 11th, 2022 (Mention):
October 14th, 2021 (Hearing): Accused is now represented. Testimony from PW1 and PW2, Rgr. James Masha and Cpl Lazima Jali relating to the arrest.  Tusk pieces (35 kg) were entered into evidence.
July 6th, 2021 (Hearing): – Adjourned to Oct 14th as DPP indisposed.  
May 20th, 2021  (Mention): Case called and set for hearing on July 6th. The accused is not represented.
April 19th, 2021:  Accused arraigned
FILE CF 138/2021
SEIZURE DATE April 17th, 2021
CONTRABAND SEIZED AND CIRCUMSTANCES Accused arrested at 05:00hr in Kwale Town with 12 tusk pieces weighing 35 kg. He works for Kwale County as an administrator.
LOCATION Kwale Silent Lodge, Kwale Town
POINT OF ORIGIN Believed to have been harvested off three elephants at the Kuranze Ranch in Kwale.
CHARGED Ct.1: Dealing in Wildlife Trophies Sec 92(2) WMCA; St. 2: Possession of Wildlife Trophies Sec 95 WMCA
VALUE (CHARGE SHEET) ksh 3.5 Million
TRANSPORT Not Applicable
ARRESTING AGENCY KWS arrest with DCI investigator
INTEL_PERSONS OF INTEREST It is believed that there is a connection between this accused and Hasira Makoti Mwanzala CF 843/17, also a clerical officer with Kwale County

Kwale man arrested in possession of 12 elephant tusks

KBC Channel
April 19, 2021
A Kwale County government officer has been arrested by police officers after being found in illegal possession of 12 pieces of elephant tusks weighing 35 Kg in Matuga sub-county.
The 53-year-old county employee, Josphat Mtoi Kuri, works as a clerical officer in Kinango Sub County was arrested inside a local guest house by a team of security officers drawn from the National Intelligence Service (NIS) and Criminal Investigation Department Officers who have been trailing him for some days.
The undercover detectives disguised as customers arrested the suspect and handed him over to police headquarters in Kwale town for further investigations.
Kenya Wildlife Service (KWS) Community warden officer Omar Muichande has confirmed the incident.
The officers had posed as buyers after tracking the suspect for a long time before nabbing him on Sunday evening.
Kuri wanted to sell the tusks at Sh 100,000 each but they have a higher street value than that according to Muichande.
The KWS warden said the lone suspect is believed to have gotten the elephant tusks after poaching activities inside the Kuranze ranches.
Police report reveals that tusks might have originated from Kuranze ranches within Kinango where three elephants are believed to have been killed.
He will be arraigned in court soon with possession of elephant tusks.

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