DPP accuses magistrate of frustrating Feisal's trial
23 October 2015, 09:38
Mombasa - The Director of Public Prosecutions has accused a trial magistrate of frustrating the case against suspected ivory Kingpin, Feisal Mohamed.
The assistant DP, Alexander Muteti claimed that the case file was locked in the chambers of trial magistrate, Davis Karani who was frustrating the application in the high court to appeal his refusal to disqualify himself from the case.
He said efforts acquire certified copies of the case proceedings at the registry were complicated further after they were told they were locked un the magistrate chambers.
“We are not pleased with the way the case is being handed. We intend to seek redress at the high court after you declined to disqualify yourself from the case,” said Muteti.
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Muteti further said they had received information from a court executive officer in a letter dated October 14 in which they had asked for the proceeding.
He said the state had raised concerns about n the way the case was being handled. He further revealed that an inquiry file on the preservation of properties recovered in the Todour yard, whose ruling was yet to be delivered after the transfer of principal magistrate Justus Kituku disappeared in mysterious circumstances.
“It's six months yet we have not been told who is holding the file and this raises more questions in the mater,” he said.
However, Karani denied that the files were under his custody, stating that he is not the custodian of the court files.
“I should not be dragged into this administrative issue. My clerk can bear me witness that am not the custodian of the file,” said Karani.
Feisal is in custody after he was denied bail in a case where he and five others are accused of trafficking ivory.
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