The Law Society of Kenya (LSK) has protested the move by the Director of Public Prosecution Noordin Haji to charge Mombasa Principal Magistrate Edgar Kagoni over Sh30million drugs case as an affront to the independence of the Judiciary.
LSK president Allen Gichuhi they will make an application to be enjoined in a case as interested party in line with its mandate.
He noted that the constitution guarantees that a judicial officer is for an act of omission or commission done in good faith in lawful performance of judicial functions.
“The Law Society of Kenya notes that the action taken by the Director of Public Prosecution to prosecute a judicial officer while exercising judicial discretion, in terms of directing that exhibits be stored by the judiciary, is ultravires, unconstitutional and a threat to judicial independence.” Gichuhi said.
The lawyers’ umbrella body maintains that the matter is of great public interest and LSK will follow it to its conclusion to ensure justice is served.
“Article 160 (5) of the Constitution of Kenya 2010 provides that a member of the judiciary is not liable in any action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function. Therefore, to the extent that the charges seek to challenge the decision of the Magistrate with respect to storage of the exhibits remain unconstitutional.” Gichuhi said.
Although Jomo Kenyatta International Airport (JKIA) Chief Magistrate Lucas Onyina on Tuesday released Edgar as ordered by Mombasa High Court, three of his co-accused were detained at JKIA Police Station until today morning when their bail and bond terms will be determined.
The three Onesmus Miinda Momanyi, Avdallah Awadh and Lawrence Thoya denied the charges before Onyina.
Miinda , Abdalla , Thoya are accused that on Diverse dates between December 4, 2018 and July 26, 2019 at Mombasa Law Courts being judicial staff, stole 10.022 kgs of heroin drugs which had been produced as an exhibit in Mombasa Law Courts valued at Sh 30 million.
The three were also accused of stealing 6100 US dollar, 1000 UAE DIRHAM, 301 000Tanzanian shillings, 200,000Madagastcar currency and Sh 50 which had been produced as an exhibit in Mombasa Law Courts.
The court was informed that on the fourth count, the accused trafficked in Narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic substance (control)Act number 4 of 1994.
Miinda, Abdalla and Thoya were also charged with trafficking in heroin valued at Sh 30,066,000 by distribution from the court exhibit store, in contravention of the provisions of the said Act.