DUBIOUS DECISION EARNS SENIOR PRINCIPAL MAGISTRATE AN INDICTMENT
(Posted 21st November 2015)
When Mombasa’s Senior Principal Magistrate Davis Karani granted blood ivory kingpin Feisal Mohammed a 10 million Kenya Shillings bail a few months ago – Feisal was only captured after a red flagged Interpol hunt while hiding in Tanzania – were reactions fast and furious and the social media, first and foremost, called for an immediate investigation into his conduct, decision and lifestyle.
While the Senior Principal Magistrate’s decision was promptly overturned by a High Court justice, where the prosecution appealed the decision to, was Karani’s own position becoming precarious.
It was now confirmed that the Judicial Service Commission of Kenya has suspended and interdicted Karani, who slapped down the prosecutor who had asked he disqualify himself from the case before ruling in favour of the accused’s bail application before the High Court shredded his ruling and kept Feisal in custody for being a serious flight risk.
The case is now heading to the Chief Magistrate’s court where a decision is being expected next week who will hear the case next.
The conservation fraternity has in the past relentlessly lobbied top legal bodies like the JSC and also the Chief Justice over dubious rulings on bail applications or laughable sentences with small fines and little if any jail time for poachers. The news of Karani’s indictment and suspension was therefore greeted with jubilations and several key conservation figures from Nairobi were prompt to declare this a victory against overt and covert complicity in the judiciary in cases of poaching prosecutions. It has long been whispered that magistrates had been gotten to and this development will no doubt serve all of them with notice that, should they accept bribes their days will be numbered.
