Judge blocks bail for ivory suspect

What you need to know:

  • Assistant DPP Alexander Muteti, assisted by his colleagues Peter Kiprop and Daniel Wamotsa argued that the magistrate’s court granted bond to the accused improperly and illegally.
  • Last Friday, principal magistrate Davis Karani released on bond, the accused who has been charged alongside four other people with being in possession of 314 pieces of ivory weighing 2,152 kilograms.

An interim order has been issued stopping the release on bond of a businessman facing a charge of being in possession of ivory valued at Sh44 million.

Justice Martin Muya issued the order yesterday pending his ruling on an application by the Director of Public Prosecution (DPP), who is seeking to have a magistrate’s order releasing Mr Feisal Mohamed Ali on a Sh10 million bond set aside.

Mr Justice Muya will give the ruling tomorrow afternoon after the DPP and the defence lawyers argued the application yesterday afternoon.

Assistant DPP Alexander Muteti, assisted by his colleagues Peter Kiprop and Daniel Wamotsa argued that the magistrate’s court granted bond to the accused improperly and illegally.

Mr Muteti further said the decision by the magistrate to release the accused on bond while there was a High Court order in force, if entertained, would cause judicial anarchy.

He said that bail was a constitutional issue and when the High Court has made a decision on it, the only other authority that could contradict the decision is itself or the Court of Appeal.

“Kindly invoke your supervisory role. The High Court should stamp its authority,” said Mr Muteti.

Mr Kiprop added that the magistrate acted as an appellant court, usurped powers and rendered a contrary opinion in revisiting the matter of bail.

But defence lawyers said the magistrate’s decision was legal.

“The magistrate acted properly in granting the accused bail in light of changed circumstances,” said Mr Gikandi Ngibuini, adding that the magistrate has conducted the proceedings in a fair manner.

He further argued that a reading of the High Court ruling shows that another court was not barred from dealing with the issue of bond.

Others lawyers defending Mr Ali are Mr Michael Oloo, Mr Jared Magolo and Mr Pascal Nabwana.

Last Friday, principal magistrate Davis Karani released on bond, the accused who has been charged alongside four other people with being in possession of 314 pieces of ivory weighing 2,152 kilograms.

On March 30, 2015, Mr Justice Martin Muya ruled that Mr Ali remains in custody pending hearing of his case.