You are currently viewing COURT UPDATE – CF E039/2022 Kwale    Republic Vs James Malembi Mwatsahu and Juma Mwanza Haranga  91 kg ivory
James Malembi Mwatsahu and Juma Mwanza Hananga were arrested ferrying 26 pieces of ivory on a motorcycle in February 2022. They have been in custody since that date.

COURT UPDATE – CF E039/2022 Kwale Republic Vs James Malembi Mwatsahu and Juma Mwanza Haranga 91 kg ivory

SEEJ-AFRICA THUMBNAIL:

  • On February 5th, 2022, KWS officers arrested two men who were ferrying 91 kg of ivory on a motorcycle.
  • The ivory was in 26 pieces and contained in a sisal bag.
  • The location of the arrest was in close proximity to Shimba Hills National Reserve.  The elephant numbers in the park have been quietly depleting in recent years. 
  • There have been at least 10 ivory seizures with arrests within the Shimba Hills area in the last 5 years.

Court Updates

Hon. Lillian Lewa – Principal Magistrate  Court 2

January 20th, 2023 (Hearing): The sitting magistrate was on training and there was no court. This hearing has been adjourned to February 27th, 2023.
 
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December 13th, 2022 (Hearing): The court heard from Prosecution Witness 2 (PW2) who was one of the arresting officers from KWS.  He testified that KWS set up an arrest team and surveillance team after receiving intelligence on a buyer receiving ivory in the Busa area.
 
Based on intelligence, the began surveillance on the two persons transporting the ivory.  While enroute an while under surveillance, the motorcycle toppled to the ground and the arrests were made.  The ivory was found in one sisal bag an comprised 26 tusk pieces.  The ivory exhibits were brought into court.
 
The KWS officer testified in Kiswahili and was cross examined by Mwatsahu (unrepresented) in English.  His cross examination took approximately 1 hour and 20 minutes with most questions to be considered irrelevant.  
 
A second KWS witness was scheduled to testify but due to the length of time taken with the first witness, (2 hours and 20 minutes), the hearing was adjourned to January 20th.
 
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October 3rd, 2022 (Hearing): The court heard from Prosecution Witness 1 (PW1) who was one of the arresting officers from KWS.  SEEJ was unable to attend.
 
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September 14th, 2022: SEEJ became of this prosecution that was now seven months old.  Both accused are still in custody.
 
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February 7th, 2022: The two accused were arraigned in Kwale court  for dealing in wildlife trophies contrary to Sec 92(4) as read with Sec 105.
FILE CF E069/2022 Kwale
SEIZURE DATE February 5th, 2022
CONTRABAND SEIZED AND CIRCUMSTANCES The arrest was based on an intelligence report of a buyer in the Busa area looking for ivory. KWS set up on the men who were going to deliver and arrested while they were transporting on a motorbike.
LOCATION Busa area, Kinango
POINT OF ORIGIN Unknown
ACCUSED James Malembi Mwatsahu and Juma Mwanza Haranga
CHARGED Dealing in wildlife trophies Sec 92(4) arw Sec 105
COURT Kwale - Court 2
VALUE (CHARGE SHEET) ksh 9.1 million
OTHER CONTRABAND Not Applicable
TRANSPORT Motorcycle KMFV 706U Blue
ARRESTING AGENCY KWS
INTEL_PERSONS OF INTEREST Not Applicable

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