The Director of Public Prosecution (DPP) Noordin Haji has been accused of failing to follow the law in a case of Mombasa Principal Magistrate Edgar Kagoni.
Two lawyers told a Mombasa High Court on Thursday that DPP Haji was in the wrong to file charges against Kagoni in relation to alleged loss of exhibits among them heroin valued at Sh30 million.
Magistrate Kagoni was arrested last week together with four others over alleged mishandling of Sh30 million heroin exhibits in a case he presided over.
Through lawyers, Elisha Ongoya and Nelson Havi, the magistrate argued that the charges against him will intimidate judicial officers.
The two who want the charges against Kagoni dropped said judges and magistrates have a legal immunity adding that the DPP failed to mention the laws that their client broke before prosecuting him.
“The behaviour of the DPP in this matter is one that will require a sociological inquiry long after the matter is settled,” said Ongoya as quoted by the Standard.
“The DPP did not appeal the ruling by the magistrate. Why is he now pursuing a criminal prosecution against him?” lawyer Havi asked.
The lawyers further argued that the DPP and the Director of Criminal Investigation (DCI) are targeting Kagoni after they failed to charge Deputy Chief Justice Philomena Mwilu in an attempt to boost their egos.
The magistrate is out on Sh200,000 cash bail.