You are currently viewing Conviction – CF 895/2019 Mariakani Court – Republic vs. Charles Mweni and Tabitha Mueni  73 kg ivory
Charles Mweni and Tabitha Mueni appear before Senior Resident Magistrate Nelly C. Adalo as the seized ivory is entered into evidence. (photo by Dihoff)

Conviction – CF 895/2019 Mariakani Court – Republic vs. Charles Mweni and Tabitha Mueni 73 kg ivory

SEEJ-AFRICA THUMBNAIL:

  • On February 22nd, 2023, both accused were sentenced to terms of imprisonment; Charles Mweni to 4 years jail and Tabitha Mueni to a 7 year sentence.  Both were also fined 3 million shillings (USD$23,000) or in default, serve 5 years imprisonment, sentences to run concurrent.
  • December 12th, 2019, investigators of the Kenya Wildlife Service and detectives of the Directorate of Criminal Investigations arrested a male and female with elephant tusks in Samburu village, Kwale County.  
  • Samburu village is located approximately 50 kms northwest of Mombasa and on the periphery of Tsavo National Park.
  • Charles Mweni, 32, and Tabitha Mueni 43, were found with 73 kg of ivory comprised of 10 tusk pieces. 
Ivory seized on December 12th, 2019 in the area of Samburu village, Kwale County.

Court Updates

Hon. Nelly C. Adalo Senior Resident Magistrate Court 2

State Counsel: Jethron Okumu

ACCUSED:

  1. Accused #1: Charles Mweni 38 yrs 
  2. Accused #2: Tabitha Mueni 52 yrs

 

CHARGED: Count 1: Dealing with wildlife trophy of an endangered species without a permit or other lawful exemption contrary to Section 92(2) of the WMCA 2013.

Count 2: Being in possession of a trophy of endangered wildlife species without a permit or other lawful exemption contrary to Section 92(4) of the WMCA 2013.

 

February 22nd, 2023 (Sentencing): Having been found guilty by SRM Nelly C. Adalo on February 9th, the accused were today sentenced as follows:
Charles Mweni: 4 years imprisonment on count 1 and a KES 3 million fine or in default 5 years imprisonment on count 2.
Tabitha Mueni: 7 years imprisonment on count 1 and a KES 3 million fine or in default 5 years imprisonment on count 2.
 
February 9th, 2023 (Judgement): Both accused found guilty. Charles Mweni was already in custody and Tabitha Mueni taken into custody. Sentencing scheduled for February 22nd. 
 
January 18th, 2023 (Judgement): The judgement was not ready. Adjourned to February 9th.
 
August 24th, 2022 (Hearing): Unknown
 

July 21st, 2022 (Hearing):  Unknown

May 23rd, 2022 (Hearing): Two KWS officers testified, Jacklyne Mayio and Faiz Bakari.  They testified that they had received intelligence that someone in the Samburu area wanted to sell ivory. They proceeded to Samburu in 2 teams, one team as buyers and the other as back up arresting teams. Around Mwangea, primary 2 suspects emerged from tthe bush each carrying a sack.  The first suspect went back to the bush bringing back another sack.

They entered the KWS vehicle (buying team) and started negotiating for ivory sale. The buy team signaled the arrest team in which suspects were arrested with 10 pieces weighing 73 kg.  The suspects were booked at Taru police station.
 
The case will be heard on June 23rd ,  prosecution led by Yasin Mohammed to present remaining 3 witnesses

 

February 23rd, 2022 (Hearing):

This case has been delayed almost 2 years as the first accused, Charles Mweni, had absconded. 

The court heard one witness, KWS officer, Julie Adhimbo, who told the court that the suspects had been arrested in the area of Mwangea primary school after they tried to sell 73 kg of ivory to undercover KWS officers.

Mweni’s application for cash bail was denied as he had been brought to court by his bond surety having failed to appear in court.  There will be mention on Feb 25th re bail and the hearing is adjourned to continue May 23rd. 
FILE CF 895/2019 Mariakani
SEIZURE DATE December 12th, 2019
CONTRABAND SEIZED AND CIRCUMSTANCES The two accused were arrested while attempting to sell 10 ivory tusk pieces weighing 73 kg to undercover operatives of the Kenya Wildlife Service.
LOCATION Samburu Village, Kwale County
POINT OF ORIGIN Unknown - suggested as from Tsavo elephants
ACCUSED Charles Mweni and Tabitha Mueni
CHARGED Dealing and Possession of Wildlife Trophies
COURT Mariakani - Court 2
VALUE (CHARGE SHEET) ksh 73 million
OTHER CONTRABAND Not Applicable
TRANSPORT Not Applicable
ARRESTING AGENCY DCI and KWS
INTEL_PERSONS OF INTEREST Not Applicable

Kenyan policemen arrest suspects with 73kg of ivory

Xinhua
December 13, 2019
 
Kenya’s Directorate of Criminal Investigations (DCI) officers nabbed
two suspects with ten pieces weighing 73 kilograms of ivory valued at
7.3 million shillings (73,000 U.S. dollars) in Samburu village in the coastal town of Kwale.
 
The two, Charles Mweni, 32, and Tabitha Mueni 43 were arrested on
Thursday evening after an operation conducted by the DCI detectives
working in collaboration with Kenya Wildlife Service rangers from
Mombasa and Kenya Police from Taru Police Station.
 
“We arrested them after a tip-off from members of public and they are
being held at Taru Police Station as we speak,” Coast KWS Conservation
Area Assistant Director Arthur Tuda told Xinhua on Friday.
 
He said that the officers posed as buyers before pouncing on the
suspects. “If the public continues being vigilant like this we will
end the poaching menace and save our elephants,” he added.
 
KWS officials say the elephants could have been killed in the nearby
Tsavo National Park.
 
The arrests are latest in a series of seizures made this year by the
anti-poaching officers.
 
In July, police canine unit sniffed out 35 pieces of ivory tusks worth
180,000 dollars at Makombeni village, Kilifi County leading to arrests
of two suspects. In May, officers nabbed 8 pieces of ivory weighing 8
kilograms concealed in a sack of maize and arrested two suspects.
 
Mombasa port, the largest port in East Africa, is used as a transit
route by smugglers of illegal animal parts, according to international
investigating agencies.
 

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