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CF 3202/2017 Kibera

AP Policeman and Retired Policeman Amongst Three Charged with 25 kg of Ivory

SEEJ-AFRICA THUMBNAIL:

  • On 12th September, 2017, KWS officers received an intelligence report of 3 men looking for a buyer of ivory.  They were given the contacts of the retired police officer Charles Mwema.
  • Over the next 6 days, a KWS officer posing as a buyer, made communications with Mwema over the sale/purchase of ivory. 
  • On September 18th, a meeting was set up at the Nairobi West shopping mall and KWS found the 3 accused sitting in a Nissan car with the ivory in a bag in the rear seat.  Nashon Mochere, an AP policeman who was considered a recent ‘deserter’, was seated beside the ivory. 
  • In March 2013, the accused Charles Mwema had been charged and later convicted of being in possession of 2.5 kg of hippo tusks.

COURT  PROGRESS

August 23rd, 2021 (Hearing):

June 25th, 2021 (Hearing): Hon. Derrick K. Kuto, Court 5 – hearing adjourned as trial magistrate on training at Kenya School of Government. Next hearing date August 23rd.

May 25th, 2020 (Hearing):
 
Feb 20th, 2020 (Hearing):
 
October 24th, 2019 (Hearing):
 
September 26th, 2019 (Hearing): Adjourned to October 24th.
 
Feb 20th, 2020 (Hearing):
 
March 7th, 2019 (Hearing):
 
March 29th, 2018 (Hearing):
 
December 13th, 2017 (Hearing):
Hearing for the application for the release of the motor vehicle. A#2 advocate was not present in court and so, another date was set for 29thMarch 2018. A#1 gave instructions to a new advocate and he could not proceed as he had to peruse the file.
 
November 7th, 2017 (Hearing):
The owner of the vehicle in possession of the accused person made an application in court for its release. IO and WildlifeDirect filed their grounds of opposition for the release of the motor vehicle. The court gave a date for hearing of the application for 13th December 2017.
 
October 4th, 2017 (Mention):
The matter was set to confirm status of investigations by the investigating officer. The investigating officer (IO) gave with documents that showed that the 2ndaccused person had previously been charged with a wildlife offence. The accused’s advocate stated that past mistakes of the accused person should not determine the amount of bail and/or bail to be awarded by the court. IO also stated his fears that the accused persons were taking advantage of their position in the police force to orchestrate the offences. The court took note of the facts but ahead awarded the accused 1 million bond.
 
September 20th, 2017 (Plea):
Accused persons plead not guilty for all counts and applied for reasonable bail. The investigating officer filed an affidavit opposing bail.
The investigating officer through the prosecutor stated in court that the 1stand 2ndAccused were using their positions as administration policemen to perpetrate the criminal activities. The court gave prosecution 2 weeks for further investigations as there was another accused was still at large. The investigation officer was also to interview the accused persons for purposes of verifying their fixed abode. Matter set for mention October 4th, court #5.
FILE 3202/2017 Kibera (Nairobi)
SEIZURE DATE September 18th, 2017
CONTRABAND SEIZED AND CIRCUMSTANCES Five pieces of ivory weighing 25 kg
LOCATION Nairobi West Shopping Centre, Nairobi
POINT OF ORIGIN Unknown
ACCUSED Nashon Maati Mochere, Charles Wambua Mwema, Evans Moseti Mochere
CHARGED 1. Sec 95 arw Sec 105 WCMA, in possession of 5 pieces of tusks weighing 25 kg; Sec 84(1) arw Sec 92 WCMA, were found dealing 5 pieces of elephant tusks weighing 25 kg
COURT Kibera (Nairobi)
VALUE (CHARGE SHEET) Ksh. 2,500,000
OTHER CONTRABAND Not Applicable
TRANSPORT Nissan KAX 178J - Grey
ARRESTING AGENCY Kenya Wildlife Service
INTEL_PERSONS OF INTEREST A#2 gave a statement indicating involvement with others besides the two co-accused
Nairobi Policeman, civilian arrested with 25 kilos of ivory valued at Sh1 million (Kenya)
Cyrus Ombati, The Standard
September 20, 2017
 
See link for video.
 
A policeman and two civilians were arrested as they tried to sell 25kg of ivory worth more than Sh1 million. Kenya Wildlife Service spokesman Ngugi Gachaga said the men had identified “a buyer” for five elephant tusks and approached him to sell the ivory to him.
 
“Through our intelligence, we were able to arrest them as they tried to sell off the ivory. They are under interrogation and will take plea soon,” he said.
 
Gachaga said they are yet to establish the source of the ivory and that the seizure reveals up to three elephants were slaughtered. He said the arrest indicates some state agents were involved in the crimes but vowed their crackdown will continue. 
 
The three were locked up at the Langata Police Station ahead of their arraignment today where they face possession and trafficking of ivory charges.
 
This is the latest such arrest in the city. Last year, three other officers were arrested after they were found with similar ivory. Poaching in the region is on the rise.
 

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