A High Court Judge on Wednesday overturned a magistrate’s decision to release on bond a Mombasa businessman charged with being in possession of ivory.
On August 21, Principal Magistrate Davis Karani ordered for the release of Feisal Mohamed Ali alias Feisal Shahbal on a Sh10 million bond.
However, High Court Judge Martin Muya ordered for Mr Mohamed to be remanded in police custody following an application by the Director of Public Prosecutions (DPP) 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.
Judge Muya in his ruling said the magistrate cannot lawfully review the orders of a High Court Judge adding that it was improper for the magistrate’s court to grant the accused bail when the High Court had denied him.
The Judge further said that it was improper for the accused to go to a magistrate’s court which is a lower court when the High Court had already made its decision regarding his bail request.
“The magistrate did not have the jurisdiction and erred by reviewing orders made by the High Court judge,” said Justice Muya.
On March 30, the High Court had issued an order for the accused to remain in custody saying he might abscond.
Mohamed is being accused of being found in possession of 2,152 kilograms of ivory worth Sh44 million on June 5 in Tudor, Mombasa County.