Sh44m ivory case to start afresh, says court

A Mombasa court has ordered that a case in which five Mombasa businessmen are charged with being in possession of Sh44 million ivory starts afresh.

Principal Magistrate Diana Mochache ordered for fresh testimony from nine witnesses who have already testified.

The magistrate said that she could not read or make sense of the previous proceedings by Principal Magistrate Davis Karani who has since been interdicted.

“I cannot fill the gaps of the proceedings, even the typed proceedings. Why waste time with unclear proceedings, and we cannot call on Mr Karani to interpret on his own proceedings because he is out of the Judiciary,” said Ms Mochache.

She also ordered the Director of Public Prosecution (DPP) to form an inquiry to investigate allegations that the crime scene was tampered with.

She said the DPP should present the report in court before January 29.

Ms Mochache said that despite allegations of interference with the scene, the case will proceed with the first witness scheduled to take the stand on January 13.

She also ordered the DPP to supply the defence counsel with all the witnesses’ statements and the number of witnesses within 14 days to avoid delay.

Mr Abdul Halim Sadiq, Ghalib Sadiq Kara, Mr Abdulmajeed Ibrahim, Mr Parvers Noor Mohamed are out on bond while a fourth suspect Faisal Mohamed Ali is in remand.