CF 1008/18 Mombasa
KWS ranger Eliud Koech inspects 8 pieces of Elephant tusks at the Makupa Police station which were netted by police officers on Mombasa outskirts. [Photo: Standard]

CF 1008/18 Mombasa

Two Arrested with 37 kg Ivory

SEEJ-AFRICA THUMBNAIL:

  • June 9th, 2018, and acting on intelligence, Kenya Wildlife Service and National Police Service officers stopped a Majero vehicle on the outskirts of Mombasa.
  • 37 kg of ivory cut into eight pieces was found inside and the two occupants were subsequently arrested.
  • The accused, Abdikheir Gababa Ibrahim, had a 2016 ivory possession charge pending from Narok.
  • The accused, Abdulahi Yusuf Adan, had fraudulent identification documents in his possession and was charged accordingly.
  • Both accused have been in custody since their 2018 arrest.
FILE 1008/2018 Mombasa
SEIZURE DATE June 19th, 2019
CONTRABAND SEIZED AND CIRCUMSTANCES 8 pieces of elephant tusks weighing at 37 kg. Based on received intelligence, KWS with the assistance of NPS, set up at the Buxton Roadblock on the Mombasa Malindi Road for 2 males believed to be traveling to Mombasa. The vehicle was searched and tusks located inside.
LOCATION Buxton Roadblock, near Nyali Bridge
POINT OF ORIGIN Unknown
ACCUSED Abdikheir Gababa Ibrahim, Abdulahi Yusuf Adan
CHARGED Ct 1: Possession of Wildlife Trophy Sec 95 arw Sec 105 WMCA; Ct 2: Dealing in WildlifeTrophies Sec 84(1) arw Sec 92 and 105 WCMA; Ct 3: Yusuf Adan making a document without authority Sec 357(b) Penal Code; Ct 4: Yusuf Adan Uttering a document with intent to deceive Sec 357(b) Penal Code
COURT Mombasa
VALUE (CHARGE SHEET) Ksh 3,700,000.
OTHER CONTRABAND Not Applicable
TRANSPORT Mitsubishi Pajero KAZ 754Q
ARRESTING AGENCY KWS and NPS
INTEL_PERSONS OF INTEREST Two accused believed to be 'runners' as part of a bigger network. Gababa had been previously charged in Narok.

COURT PROGRESS

The original arraignment date was June 11th, 2018. 

  • As of March 24th, 2021, the prosecution witnesses had all been called. However, defence counsel have requested the recall of PW1 and PW2 for cross examination.  This decision is pending.

May 27th, 2021: On this date, PW1, the arresting officer, was present in court, having been officially recalled as defence had not had the opportunity to cross examine . {It had been previously determined that PW2, another officer, had been dismissed from the police service and was not available.}

PW1 testified as to the events leading to the accused’s vehicle being stopped, the information based on intelligence from KWS.  There was a contradiction in exactly where in the vehicle the ivory had been located.

After witness was stood down, June 3rd was set for ruling but adjourned on that date for July 7th.

CHARGE SHEETS

Duo to be detained three days over Sh3.7m ivory (Kenya)

Malemba Mkongo, The Star
June 11, 2018
 
Police have three days to probe two people arrested with Sh3.7 million ivory. Chief magistrate Julius Nang’ea declined to give the police 21 days they had requested to investigate the matter.
 
Abdikheir Ibrahim and Abdullahi Adan were arrested on Saturday at Buxton police road block along Mombas-Malindi road. They were allegedly in possession of eight pieces of ivory tusks weighing 37 kilogrammes.
 
Also recovered on board the suspects’ car was a hacksaw which is believed to have been used in chopping off of the tusks from the elephants.
 
The prosecution asked the court to give them more time to allow them carry out a thorough investigations on the suspects.
Hamisa Chuma of KWS told the court that they have not been able to investigate the matter due to constraint of time considering that the accused were arrested on a weekend. Chuma said they intend to investigate phone call communications between the suspects and their could be accomplices.
 
He said the police believe the suspect belong to a syndicate involved in the trade of wildlife trophies. He further said the suspects were likely to interfere with the investigations if released on bond or cash bail. The KWS official said the suspects might also interfere with the potential witnesses and their accomplices.
 
The court was informed that Ibrahim had previously been charged with a similar offence at the Narok law court where the matter still pending.
 
Chuma said the suspects’ nationality is suspicious much as they have produced their identification card.
Seized ivory being presented before Chief Magistrate E. Nyloti in Mombasa court

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