UGANDA: Rwandan Ivory Smuggler Arrested After Smuggling Ivory From DR Congo

Rwandan Ivory Smuggler Emille Kayumba Ogale

URA spokesperson, Sarah Banage, Kayumba was arrested when he presented his travel documents to immigration personnel. A day later, the suspect appeared before the Anti-Corruption Court’s Patricia Amoko.

He denied allegations of acquiring restricted goods (832 pieces of ivory) contrary to section 200 (d) (ii) of the East Africa Community Customs Management Act 2004 and attempting to export the said ivory without a valid permit contrary to sections 66 and 76 of the Uganda Wildlife Act.

Prosecution told court that the accused and others still at large, in October 2013 at Luzira in Kampala district, allegedly acquired 832 pieces of elephant tusks, “which they knew or ought to reasonably have known to be restricted goods”.

Kayumba’s bail application fell through on August 11, 2016. Amoko argued that the suspect is a foreigner without a home in Uganda. Besides, court added, he fled when authorities intensified the investigation into the Ivory. That, according to court, was a bad precedent.

The case continues on August 25, 2016. However, four years ago, last week’s incidents seemed like a mirage. No sooner had URA towed the Ivory from Luzira to the head office in Nakawa, Kampala, than Kayumba petitioned Nakawa Magistrates’ Court.

Kayumba filed an affidavit claiming ownership of the Ivory, which he said was for export. The Ivory, he said, was from Goma,
The plot seemed perfect. Hadn’t it fallen through, a container loaded with Ivory would have exited Uganda.

Thanks to the consignee’s inconsistencies, authorities smelt a rat and impounded the container. Since the 2013 incident in Luzira, Kampala, the Ivory – 832 pieces – in the custody of Uganda Revenue Authority (URA).

Like many cases involving precious items, this one has been characterised by pitfalls, including URA being asked to surrender the Ivory to the owner. But URA has remained steadfast.

The resolve to pursue the crime was rewarded on August 6, 2016, when a man suspected to be the owner, was arrested. That afternoon, Emille Kayumba Ogane from Rwanda boarded a plane en-route to Entebbe Airport. Earlier, security personnel had forwarded his name to immigration officials.

Democratic Republic of Congo. The court granted his wish on February 2, 2014 when Justice Wilson Masalu Musene ordered URA to release the 832 pieces of Ivory. Additionally, he said that Kayumba could “re-export” the cargo out of Uganda.

“……….the goods have been wrongfully seized for two months and therefore it is a proper case where goods should be restored to the applicant for transhipment…….,” Musene’s ruling read in part.

“I further invoke the provisions of S.33 of the Judicature Act and order that the goods restored to the Applicant be protected from further impounding or seizure by any other organ or institution in Uganda including the Uganda Wild Life Authority officials”.

Musene’s decision compelled URA to petition Court of Appeal. Among others, URA argued that the Ivory was an exhibit in a case that was ongoing. In a turn of events, on March 3, 2014, the court’s Justice Kenneth Kakuru reversed the lower court’s ruling.

“I am satisfied that there exists special circumstances for grant of stay of execution in this matter. The subject matter is a consignment of ivory said to have been impounded while in transit. It is clear, therefore, that if the said Ivory is released to the respondent in compliance with the High Court order that would render the appeal nugatory as the Ivory is likely to be moved outside the court’s jurisdiction,” Musene stated.

“It is also very important to consider that the same consignment is a subject of criminal proceedings before the Anti-Corruption Division of the High Court where the Ivory is required as an exhibit.”

To-date, the Ivory is still in URA’s custody. The 832 pieces represent about 400 elephants killed for their tusks, according to Uganda Wildlife Authority officials. Kayumba, who reportedly was in Uganda whilst the matter was before Nakawa court, is said to have fled back to Rwanda thereafter.

Other than collecting revenue, URA is involved in protection of society including the environment and its components.

UGANDA: Uganda Impounds 4,000 Kgs Of Ivory

The Uganda Revenue Authority (URA) and the Uganda Wildlife Authority (UWA) have said illegal wildlife trafficking is on the rise as Uganda and the entire East African region remain top transit routes for items heading to Asian countries.

The increase of the vice has been blamed on weak national legislation and lack of cooperation between partner states alongside changing tactics of packaging of the items by the individuals involved in the illicit trade.

Speaking at the opening ceremony of a one-week training for enforcement officers currently on-going in Entebbe on Monday, the UWA acting security and law enforcement officer, Ms Margret Kasumba, said about 4 tonnes of ivory were impounded by the URA, UWA and police between 2014 and 2015.

“These include those at the UWA stores and those still in possession of the Police and are still under investigations,” said Ms Kasumba.

“The consignments were disguised in drums as shear butter and were in transit to Singapore. Other items were disguised as aircraft equipment headed to the Netherlands for repair,” she said, adding that the training provided by the International Fund for Animal Welfare (IFAW) will boost intelligence of the officers in detecting new tactics.

According to Mr Abel Kagumire, the manager enforcement operations at URA, the tax body in joint operations consificated 473kgs of Ivory in June 2012, 832 pcs about 2.9 tonnes seized in October 2013 and 10kgs concealed as bananas seized at Bunagana in 2015.

The other major seizures were at Entebbe International Airport jointly seized by URA and Police.

Mr Kagumire added that about 3.3 tonnes of ivory and rhino horns were seized on January 12, 2015 and they were concealed as telecommunications equipment and one tonne of ivory concealed in 4 drums disguised as shear butter.

“Ivory costs about USD 2700 per kg (Shs9.07m) whereas Rhino horns cost about USD 50000 per kg (Shs168m),” said Mr Kangumire, as he explained why capacity building is necessary to help in curbing the vice conducted in what is known as organised crime networks.

Mr Mohammad Eisayed of IFAW noted that the main challenge to combating wildlife trafficking in the region is the high demand for these products in Asia.

In 2014, an audit revealed that 1,355kgs of ivory worth $1.1 billion (about Shs3 billion) had gone missing from the UWA’s strong room. However, the matter was investigated by the Inspector General of Government and culprits apprehended.