DPP wants man in ivory case held

The Director of Public Prosecutions is expected to move to the High Court on Monday, seeking to block the release on bond of a businessman who was allegedly found with ivory worth Sh44 million.

Assistant Director of Public Prosecutions Alexander Muteti said the order by a magistrate’s court to release Mr Feisal Mohamed Ali on a Sh10 million bond amounted to undermining the High Court, which had issued another directive that the suspect should remain in custody.

Mr Muteti is expected to ask whether Principal Magistrate Davis Karani can review High Court orders in view of some provisions of the Constitution.

He is also likely to raise questions on whether a constitutional issue, once determined by the High Court, can be taken back to a magistrate’s court and contrary opinion raised.

On March 30, Justice Martin Muya ruled that Mr Ali would remain in custody pending the hearing of his case.

The judge said since the lower court had found the accused a flight risk in the first ruling, it would be irregular for it not to consider the issue when deliberating on the second bond application.

“Whereas courts have discretion in granting bond, it (discretion) should be exercised judiciously. I, accordingly, find that the DPP had proven, on a balance of probabilities, that the accused was and is a flight risk. This is a compelling ground to deny him bond, which I hereby do,” said the judge.

Justice Muya also noted that it would not amount to discrimination if Mr Ali was denied bond while his co-accused were released on bond as the circumstances of the arrests were not similar.