The High Court in Mombasa has ordered a Mombasa businessman linked to a Sh44 million ivory haul seized in Mombasa not to be released on bond.
High Court Judge Martin Muya ordered for Feisal Mohamed Ali alias Feisal Shahbal who was released by a magistrate’s court on a Sh10 million bond on Friday to be remanded in custody.
This is after the Director of Public Prosecutions (DPP) filed an application before the high court on Monday seeking to have the magistrate’s order releasing Mohamed on bond set aside.
Assistant DPP Alexander Muteti questioned if the magistrate’s court is in order to review a High Court judge’s decision. Muteti argued that the accused person was granted bail by the magistrate’s court while the High Court had issued an order to remand the accused.
Muteti further said the magistrate’s order was illegal and the “High Court should stamp its authority.”
The defence lawyers led by Gikandi Ngibuini however opposed the application saying the magistrate’s decision to release their client on bond was legal.
The lawyers said circumstances in the case have changed which warrants Mohamed’s release on bail.
Ngibuini said, “The magistrate in granting the accused bail acted properly and legally in light of changed circumstances.”
Judge Muya ordered for the accused to be remanded saying he will deliver his ruling on the DPP’s application to deny the accused bail on August 26.
Mohamed is charged alongside Ghalib Sadiq Kara, Abdul Halim Sadiq, Pravez Noor Mohamed and Abdulmajeed Ibrahim.
The four were allegedly found in possession of 2,152 kilogrammes of ivory on June 5 in Tudor, Mombasa County.