Outrage over Feisal Mohammed acquittal in ivory tusks case

The Kenya Wildlife Service has said it will appeal the acquittal of suspected ivory kingpin Feisal Mohammed.

KWS criticised the Mombasa High Court over it’s Friday ruling saying it “cannot be allowed to stand.”

KWS and the Office of the of Public Prosecution have indicated that they will seek intervention of the Appellate Court to overturn the court’s decision.

“KWS in consultation with ODPP will fight Feisal’s acquittal at the Court of Appeal,” the agency said on Twitter.

The DPP respects decision of High Court, respectfully disagrees with the conclusion reached by Hon Judge.
DPP maintains that evidence presented at trial was sufficient to secure conviction and is confident that the Court of Appeal will overturn the High Court decision.

— ODPP_KE (@ODPP_KE) August 3, 2018

Two years ago, Feisal Mohammed was sentenced to 20 years after the Shanzu Law Court found him guilty of being in possession of ivory tusks estimated to be worth Ksh.44 million.

However, on Friday, Mombasa High Court Judge Dora Chepkwony said the prosecution did not produce enough evidence in the trial court to warrant Feisal’s conviction.

According is to Justice Chepkwony, police officers who were investigating the alleged offense did not probe the matter thoroughly.

She further ruled that the trial court relied on circumstantial evidence which was not enough to reach such a conviction and that the sentence handed to the suspect was harsh and unconstitutional.

Feisal Mohammed had been fined Ksh.20million to serve an example for those linked to poaching in Kenya.

He had been arrested by Interpol while in Dar es Salaam, Tanzania in December 2014.

Additional reporting by Kevin Werunga