Mombasa magistrate in Sh44 million ivory tracking case suspended by JSC

MOMBASA: The magistrate who released a suspected ivory smuggler — Feisal Mohammed — on a Sh10 million bond two months ago has been suspended by the Judicial Service Commission.

Senior Principal Magistrate Davis Karani’s suspension was revealed at the Mombasa High Court yesterday by Mohamed’s lawyer Gikandi Ngibuini when he applied to have cases filed by the defence and prosecution terminated.

Judiciary Director Communication Mr Naim Bilal confirmed to The Standard on Saturday that Karani had been interdicted.

“Yes I can confirm that the magistrate has been interdicted for work-related issues,” he said on phone.

It has also emerged that a second magistrate (name withheld), also in Mombasa, has been suspended for undisclosed reasons.

Yesterday during the hearing of the case, Justice Dorcas Chepkwony pointed out that she was aware of Karani’s suspension.

“I am aware that the magistrate has been interdicted,” she noted.

The judge ordered that the stay order obtained by the Director of Public Prosecution (DPP) be lifted so that the case can be placed before the Chief Magistrate on Monday for it to be allocated to another magistrate to proceed with the trial.

Early this year, the DPP clashed with Karani after the magistrate granted bail to the suspect.

The DPP, through Assistant Director of Public Prosecution Alex Muteti, opposed Karani’s ruling but still went before him to seek a review or suspension of the release order which was declined.

Muteti had demanded that the magistrate disqualify himself from the case but Karani dismissed him, prompting Muteti to head to the High Court which suspended the proceedings and bond.

The defence also made a separate application in the High Court seeking to lift the stay or suspension of proceedings and bond arguing that the suspect needed medical attention.

Yesterday Ngibuini argued that since Karani’s decision is what made Director of Public Prosecutor to apply for his disqualification from the ivory case, it was fair the file be placed before another magistrate to handle it.

“I wish to apply to have these cases be considered settled following the new development,” said lawyer Ngibuini.

Muteti also concurred with Ngibuini that there was no need of proceeding with the cases because what had made DPP apply for the case not to go on had been resolved.

Mohamed was arrested by Interpol agents in Dar es Salaam, Tanzania on December 23 last year for being in possession of illegal ivory.

The suspect is charged alongside Ghalib Kara, Abdul Omar, Pravez Mohamed, Abdulmajeed Ibrahim and Fuji Motors with having 314 pieces of ivory worth Sh44 million.

The other accused are out on a bond of Sh10 million each with a similar surety.

In August 21, Principal Magistrate Karani had ordered for the release of Mohamed on a Sh10 million bond.

But Judge Muya, on August 26, ordered that Mohamed be remanded in police custody following an application by the DPP seeking to reverse the magistrate’s order.

Acting for the DPP Muteti, in his application, had questioned if the magistrate’s court was in order to review a High Court judge’s decision. Judge Chepkwony, in her ruling, said entertaining the matter would be hearing an appeal against the decision of a court with the same jurisdiction.

The case will now proceed with the new development.