The High Court in Mombasa on Tuesday refused to review rulings denying a Mombasa businessman charged with possession of ivory release on bail.
Justice Dola Chepkwony in her ruling dismissed Feisal Mohamed Ali alias Feisal Shahbal application seeking a review of the ruling that denied him bail.
Mohamed through lawyers Gikandi Ngibuini and Jared Magolo had filed the application seeking to challenge High Court Judge Martin Muya’s ruling which overturned a magistrate’s decision to release their client on bail.
In August 21, Principal Magistrate Davis Karani had ordered for the release of Mohamed on a Sh10 million bond.
Judge Muya on August 26 ordered for Mohamed to be remanded in police custody following an application by the Director of Public Prosecutions (DPP) seeking to reverse the magistrate’s order.
Assistant DPP Alexander 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 matter has been argued before in another court. The fact that the applicant has a home does not mean he will not abscond,” Judge Chepkwony said.
Lawyer Ngibuini had argued that a witness provided by the prosecution testified that Mohamed is a Kenyan, therefore, he has a right to be granted bail.
This is after the prosecution opposed the bail application claiming that Mohamed was a flight risk.
Mohamed was allegedly found in possession of 2,152 kilogrammes of ivory worth Sh44 million on June 5 in Tudor.