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COURT UPDATE – CF E005/2022 Mombasa 24 kg ivory

Court Updates

Before HON. M.O. RABERA-PM  COURT 8

December 8th, 2022(Mention): The next hearing date has been set for April 20th, 2023.  The hostile National Police Service officer is being recalled after his previous contradictory testimony.
 
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September 27th, 2022(Ruling): Magistrate Rabera ordered the NPS witness be recalled by the prosecution to testify again. He will be cross-examined by defence at that time.
 
Set for a mention date of December 8th to fix a hearing date.
 
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September 20th, 2022 (Hearing): Today’s testimony was from P.C. Ahmed Mukhtar  of the National Police Service, who was one of the officers at the arrest.  In the course of his testimony, he contradicted previous evidence of KWS officers and the contents of his original written statement regarding the location of the recovered ivory and the number of suspects at the arrest.

During the testimony, Mombasa magistrate Martin Rabera,  on several occasions had to interject, ordering P.C. Mukhtar to refrain from reading from written notes.
 
Prosecutor Anne Nyawira subsequently had to make an application requesting the court to rely on the witness’s earlier written statement as evidence in chief.
 
The accused’s advocate opposed the application, stating that the reason for the contradictory evidence was that his client was never arrested in possession of ivory and had been framed.
 
Magistrate Rabera will make a ruling on the prosecution’s application on September 27th.
 
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July 6th, 2022 (Hearing): Testimony from one KWS officer outlining the circumstances of the arrest as detailed below.

SEEJ-AFRICA THUMBNAIL:

  • On January 1st, 2022, KWS officers received intelligence of two individuals attempting to sell ivory from a black motor vehicle.
  • At approximately 2:30 pm, the vehicle was located in central Mombasa.  KWS and NPS officers moved in to effect an arrest and in the process one of the accused escaped.
  • Found inside the Toyota Aqua were seven cut pieces of elephant ivory weighing 24.5 kg.
  • The tusk pieces were found hidden in a green manilla sack within another black bag.
  • The first accused was arraigned on January 3rd.
  • SEEJ-AFRICA was not aware of this prosecution until July 6th.
FILE CF E005/2022 Mombasa
SEIZURE DATE January 1st, 2022
CONTRABAND SEIZED AND CIRCUMSTANCES Intelligence had been received of 2 men selling ivory from a black car in central Mombasa. The vehicle was located and one of the men escaped, and has not been found to date.
LOCATION Memon Villa, Mombasa CBD
POINT OF ORIGIN Unknown
ACCUSED Assad Mohammed Ahmed and Abdi Mohammed Ali
CHARGED Dealing and Possession of Wildlife Trophies
COURT Mombasa - Court 8
VALUE (CHARGE SHEET) ksh 2.4 million
OTHER CONTRABAND Not Applicable
TRANSPORT Toyota Aqua KCZ 476P
ARRESTING AGENCY KWS and NPS
INTEL_PERSONS OF INTEREST Not Applicable
P.C. Ahmed Mukhtar, a police constable of the National Police Service, Mombasa, testifies with evidence contrary to his original written report and the earlier oral evidence of two KWS officers.
Abdi Mohammed Ali, one of two accused charged with dealing and possession of 24 kg of ivory on January 1st, 2022. The other accused escaped on attempt to arrest.

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