The High Court in Mombasa has set aside a 20-year jail term handed to businessman Feisal Mohammed, a Mombasa businessman who had been convicted over possession of ivory worth Sh44 million has been freed.
The suspect had been given a 20-year jail term by a Mombasa trial court before he appealed the case.
On Friday, Mombasa High Court judge Justice Dorah Chepkwony termed the sentence unconstitutional saying the sentence was severe.
According to her, the prosecution failed to prove by providing sufficient evidence that showed Mohammed owned the ivory or was engaged in trafficking them.
"The prosecution’s case has alarming gaps and left the court with many unanswered questions. Evidence tabled by the prosecution was weak and had glaring loopholes regarding the real owner of the ivory," she said.
She faulted the trial court for proceeding to convict and sentence the appellant on circumstantial evidence which was not proved and did not point to his guilt.