A Mombasa businessman charged for being in possession of ivory on Friday challenged a High Court’s decision denying him bond.
Mr Feisal Mohamed Ali alias Feisal Shahbal through his lawyers filed the application before a Mombasa Court seeking a review of the ruling.
Mr Mohamed through lawyers Gikandi Ngibuini and Jared Magolo want to challenge High Court Judge Martin Muya's ruling which overturned a magistrate’s decision to release their client on bail.
In August 21, Principal Magistrate Davis Karani had ordered for the release of Mr Mohamed on a Sh10 million bond.
Judge Muya on August 26 ordered for Mr Mohamed to be remanded in police custody following an application by the Director of Public Prosecutions seeking to reverse the magistrate’s order.
Assistant DPP Alexander Muteti in his application had questioned if the magistrate’s court was in order to review a High Court judge’s decision.
During the Friday hearing, the lawyers accused the prosecution of dragging the case saying the case has no fixed case and there are unknown numbers of witnesses yet to testify.
Lawyer Magolo said: “This is not fair for our client to wait for an unknown hearing date and unknown witnesses who are yet to be found.”
Lawyer Ngibuini said a witness provided by the prosecution testified that Mr Mohamed is a Kenyan therefore he has a right to be granted bail. This is after the prosecution opposed the bail application claiming that Mr Mohamed was a flight risk.
Justice Dola Chepkwony adjourned the case hearing until September 22 when he will deliver his ruling.
Mr Mohamed is being accused of allegedly being in possession of 2,152 kilogrammes of ivory worth Sh44 million on June 5 in Tudor, Mombasa County.