The High Court in Mombasa has set aside a 20-year jail term handed to businessman Feisal Mohammed who had been convicted of possessing ivory valued at Sh44 million.
Justice Dorah Chepkwony Friday termed the sentence as unconstitutional under and freed Mr Mohammed who had appealed his conviction.
The judge noted that the sentence was severe and that the prosecution failed to prove that Mr Mohammed was the owner of the ivory or was engaged in trafficking the trophies.
She said the prosecution’s case had alarming gaps and left the court with many unanswered questions.
She faulted the trial court for proceeding to convict and sentence the appellant on circumstantial evidence which was not proved and did not point to his guilt.
Justice Chepkwony said the evidence tabled by the prosecution was weak and had glaring loopholes regarding the real owner of the ivory.
The judge questioned why two watchmen and a cleaner who were working at Fuji Motors where the ivory was recovered were not called to testify in the matter.
The prosecution has said they will appeal the judgement.