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A showdown looms between the Judiciary, the office of the Director of Public Prosecutions and an ivory kingpin sentenced to 20 years in jail for smuggling.
Feisal Mohamed, who was convicted after being found guilty of possessing Sh44 million ivory, has accused the state of intentional delaying his appeal hearing.
Feisal, who was also fined Sh20 million, has appealed the sentence. The hearing was scheduled for yesterday, but could not proceed over missing records.
Police accused Feisal of being behind an international ivory poaching syndicate linked to a 3-tonne haul of elephant tusks seized in Mombasa in June 2014.
Through his lawyer Taib Ali Taib, Feisal accused a magistrate of destroying some court proceeding records. Taib said Shanzu senior principal magistrate Diana Mochache, who had convicted Mohamed, destroyed part of the proceedings for unclear reasons.
He said the records had been taken back to Mochache for clarification as her handwriting could not be understood by a person typing the proceedings.
Taib claimed the destruction was intentional. They suspect foul play, he said.
This did not go down well with assistant DPP Alexander Muteti and state counsel Daniel Wamotsa. They accused Taib of making blanket allegations. The asked the court to probe his character.
Muteti asked Justice Dora Chepkwony to give directions on how the appeal will be heard without the missing proceedings.
He said the allegation could not be ignored, and, therefore, Taib should be probed to establish the source of his claims.