A Mombasa businessman facing a charge of being in illegal possession of ivory valued at Sh44 million now wants an order issued by the High Court suspending the hearing of his case removed.
Through his lawyer, Mr Gikandi Ngibuini, the suspect said that he had been denied his constitutional rights and wants the state to compensate him for losses incurred during the time of his case.
In a petition filed at the Mombasa High Court, Mr Ngibuini said his client remains in remand for an unspecified period of time awaiting the outcome of an application by the Director of Public Prosecution (DPP), Mr Keriako Tobiko.
The DPP had earlier obtained orders suspending the trial at the magistrate’s court in Mombasa.
Mr Ngibuini further said that the DPP had deprived the suspect of his constitutional right to personal liberty thus keeping him from providing and taking care of his family.
“Mr. Ali is very sick and is entitled to seek treatment from a hospital of his choice, which cannot be achieved while in remand,” the petition read in part.
In his affidavit, Mr Ali said he suffered from high blood pressure and fistula and reported his condition to the clinical officer at Shimo la Tewa prison who referred him to the Coast General Hospital.
Mr Ali argued that he is in dire need of proper medical attention to manage his condition, which he cannot get at the Shimo la Tewa prison.
Mr Ali was charged with being in possession of 314 pieces of ivory weighing 2,152 kilograms alongside Mr Abdul Halim Sadiq, Ghalib Sadiq Kara, Praverz NoorMohamed and Mr Abdulmajeed Ibrahim.
The offence is alleged to have been committed on June 5, 2014 at the business premises of Fuji Motors East Africa Limited situated at Tudor Estate on Tom Mboya Avenue, Mombasa.