Kenya Judges and Magistrates Association has filed a case seeking to block Director of public prosecution from charging Mombasa Principal Magistrate Kagoni Edgar Matsigulu.
The association through lawyer Danstan Omari and Shadrack Wambui wants the court to issue a conservatory order restraining DPP from charging the magistrate pending hearing and determination of the application.
Under certificate of urgency, the association also seek orders to stop Mombasa Principal Magistrate Edgar from taking plea in any criminal court until the case is determined.
The association argue that unless the court moves with speed and stop arraignment and charging of Magistrate Edgar on the basis of the DPP’s spurious allegations , the independence of Judges and Magistrates and all other judicial officers will be threatened by the DPP.
Article 160 (5) state that, A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.
KMJA true that they are concerned by threat to liberty of one of it members magistrate Edgar who is a judicial officer serving as a Principal Magistrate at Mombasa Law court.
Edgar is expected to be charged alongside court clerk Onesmus Miranda Momanyi, Abdalla Abubakar in charge of exhibits and a support staff Lawrence Thoya Bayan with conspiracy to defeat and interference with witnesses and stealing by person in public service.
The association argue that, the criminal charges against their colleague arise out of his orders or exercise of judicial authority in a criminal case no. 468 of 2018 republic vs Hussein Madison Eid and two others where the said accused person were charged with trafficking of 10.002 kilograms of heroin.
The magistrate on June 11 this year convicted Hussein Eid for trafficking narcotic drugs and sentenced him to 30 years imprisonment and in addition fined him 90 million. He further ordered the money amounting to 600,000 found in possession of the convict at the time of arrest be returned to him.
But between June 28 and July 26, the said exhibit of 10.002kg heroin which the embattled magistrate had ordered to be kept under lock and key in the exhibit tore was reported missing.
“The sudden disappearance of the exhibits, the Mombasa Law Court chief magistrate Makori filed a complaint and requested Directorate of Criminal Investigation to institute investigations in order to establish the person culpable “, KMJA claim in the court documents.
Last week Director of criminal investigation released a press statement as inquiry into allegations of theft and reckless handling of approximately 10.002kg of heroin valued 30,066,000 million and various foreign currency valued over 600,000 kept as exhibit at Mombasa law chief magistrate.