Malindi High Court has dropped criminal charges against Mombasa Principal Magistrate Edgar Kagoni who was sued for the loss of heroin worth Sh30 in a case he was presiding over.
Malindi Resident Judge Reuben Nyakundi while dropping the charges noted that the magistrate is not liable for the loss of the drugs noting he only executed his duties as required,
The judge stated that the accused's right of liberty was violated when he was arrested yet it had had not been proven that he committed the offence.
He also ordered the respondents in the case to compensate the accused a sum of Sh2m for infringing his rights.
Justice Nyakundi said he had no sufficient evidence to prosecute the magistrate.
"I find no prima facie evidence to guarantee criminal prosecution against the magistrate in view to the criminal proceedings case," he ruled in the case where the Attorney General and DPP were listed as respondents.
DPP's act, according to the judge, to prosecute the magistrate was unconstitutional and also undermined Judicial independence.
Assistant DPP Alexander Muteti vowed to appeal the ruling noting that every state officer has the mandate to protect the constitution.
Muteti held that when a judicial officer commits an offence while discharging his duties, he should be prosecuted as spelt out by the law unless the action was made in good faith.
Kagoni sentenced a drug trafficker to 30 years in prison on June 11. The magistrate was later arrested and released on Sh20,000 cash bail.