Ivory trade suspect Feisal Mohamed Ali 'was framed'

A key suspect in a Sh44 million ivory trafficking trial says he was framed based on Press reports.

In his submissions, Feisal Mohamed Ali, through his lawyer Gikandi Ngibuini, also claimed police failed to arrest three suspects at the scene where the alleged ivory was found.

He also argued that Tanzanian, Kenyan police and Interpol officers arrested and bundled him from Tanzania to stand trial in Mombasa without due extradition processes in Tanzanian courts.

He said there was global pressure on the Kenyan Government to charge him for the crime.

Feisal wants to be freed on the grounds that his constitutional rights to a fair trial were violated and that the State had not provided any evidence linking him to the alleged crime.

He and four other men are on trial for illegal trade in 413 pieces of ivory between Kenya and the Far East.

Police allege the ivory was seized in a yard in Mombasa's Tudor estate on June 2, 2014.

The trial of his co-accused began in June 2014 upon their arrest in Mombasa that year but Feisal's case began on December 24, 2014, after his arrest in Tanzania.

The trial has been characterised by several delays, loss of court exhibits, destruction of a scene of crime and withdrawal of a magistrate.

It was restarted by a new magistrate late last year after the proceedings by a previous magistrate were declared unreadable. All the defendants but Feisal are free on bail.

Last month, Mombasa Principal Magistrate Diana Mochache ruled that the State had demonstrated a strong case against Feisal and his co-accused Abdul Halim Sadiq, Abdulmajeed Ibrahim, Ghalib Sadiq Kara and Pravez Noor Mohamed.

Defence lawyer

Wednesday, Ngibuini told Mombasa Principal Magistrate Diana Mochache at the Shanzu law courts that his client has never participated in any ivory trade as was being claimed by the police.

Feisal and his co-accused have denied charges of dealing in wildlife trophies and being in possession of 314 pieces of ivory worth Sh44 million.

"The prosecution has failed to bring evidence to link my client to the charges he is facing. They were only acting on suspicion after the media branded him an international ivory trader," said the lawyer.

Gikandi insisted Feisal was illegally arrested in Tanzania because there was no due process which was followed before being brought to Kenya.

He said there was no evidence linking Feisal with the offence and asked the court to acquit him due to lack of evidence.

But Senior Assistant Director of Public Prosecution Alex Muteti told the court to jail Feisal and his accomplices for having been involved in an illegal ivory trade following the evidence which was adduced against them by the witnesses.

The magistrate will deliver her judgement on July 22, 2016.