A magistrate in a case where a Mombasa businessman is facing charges of being in possession of ivory has declined to withdraw from hearing the case.
Mombasa Principal Magistrate Davis Karani said there was no reason for disqualifying himself following an application by Assistant Director of Public Prosecutions Alexander Muteti seeking to stop the magistrate from hearing the case.
In the case, Mr Feisal Mohamed Ali alias Feisal Shahbal is being accused of being in possession of 2,152 kilogrammes of ivory worth Sh44 million on June 5 in Tudor, Mombasa.
In August 21, Judge Karani had ordered for the release of Mr Mohamed on a Sh10 million bond despite a High Court order remanding the accused.
High Court Judge Martin Muya on August 26, however, overturned the magistrate’s decision and ordered for Mr Mohamed to be remanded in police custody following an application by Mr Muteti.
In his ruling on Thursday, Magistrate Karani said there was no reason to disqualify himself from presiding over the case since the outcome of a case is determined by the evidence the prosecution presents in court.
“The court tried to be as impartial as possible in the case. The integrity of the court cannot be compromised by the case,” said Magistrate Karani.
Prosecution after the ruling applied to be given certified copies of the ruling in order to appeal the decision by the magistrate not to disqualify himself.