DPP Keriako Tobiko wants release of ivory suspect Feisal Mohamed Ali reversed
Feisal Mohamed Ali in court on January 9, 2015. FILE PHOTO | LABAN WALLOGA |
What you need to know:
- Assistant DPP argues the health condition of suspect does not warrant his release.
The Director of Public Prosecutions wants a magistrate’s decision to release on bond a businessman accused of being in possession of 2,152kgs of ivory on health grounds reversed.
Assistant DPP Alexander Muteti argued the health condition of Mr Feisal Mohamed Ali alias Feisal Shahbal ‘is not so bad’ to warrant his release from custody.
Furthermore, he said the Shimo la Tewa Prison where Mr Ali was being held has adequate health facilities.
“The State is capable and ready to take care of his health,” Mr Muteti further told Mr Justice Martin Muya while seeking reversal of the decision to release Mr Ali on a Sh10 million bond.
“The exercise of the court’s discretion is a judicial function which must meet the objective test of fairness,” said Mr Muteti.
However, defence lawyers Jared Magolo and Michael Oloo dismissed Mr Muteti’s application saying the magistrate acted within his mandate.
“The accused is a sick man who requires specialized treatment,” said Mombasa principal magistrate Justus Kituku while releasing the accused.
