In Summary
  • The DPP also directed that three judicial officers be charged with stealing by a person in public service in relation to the heroin.

  • The magistrate is seeking to have the recommendation of the Directorate of Criminal Investigations to the DPP and consequential decision to charge him quashed.

The Director of Public Prosecutions has been temporarily stopped from charging Mombasa Principal Magistrate Edgar Kagoni with any charges in relation to alleged loss of exhibits among them heroin valued at Sh30 million in a case he presided over.

Sitting at the High Court in Mombasa, Justice Reuben Nyakundi issued the orders following applications by Mr Kagoni and the Kenya Magistrates Judges Association.

INTERIM ORDERS

“This case has merited the threshold of granting interim orders against charging the petitioner,” said Justice Nyakundi on Monday.

Justice Nyakundi further directed that Mr Kagoni be released on a Sh100,000 bond with a surety of similar amount or an alternative of Sh20,000 cash bail ‘wherever he is being held’.

On Saturday, the DPP in a press statement communicated the decision to charge Mr Kagoni with the offence of obstruction to defeat justice and aiding the commission of an offence.

The DPP also directed that three judicial officers be charged with stealing by a person in public service in relation to the heroin.

Through a team of lawyers led by Mr Nelson Havi and Mr Vincent Omollo, Mr Kagoni argued that the independence of the judicial officer is guaranteed by the constitution.

PROSECUTION

“The intended prosecution of the petitioner in respect of a matter he handled as a judicial officer is a violation of the constitution,” argued Mr Havi.

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