The Kenya Magistrate and Judges Association on Monday challenged a bid by the DPP to charge one of their own for the loss of Sh30 million heroin exhibit in a drug case.
The KMJA, through lawyer Shadrack Wambui, opposed the prosecution of principal magistrate Edgar Kagoni.
They want the court to bar the DPP from arraigning Kagoni until their application to stop his prosecution is heard and determined.
The association is concerned about threats to liberty of the judicial officer serving in Mombasa law courts.
They claim Kagoni had ordered that the 10kg heroin be kept under lock and key in the exhibits store but it was unfortunately reported missing around July. The chief magistrate of the station reported the matter to the DCI.
According to KMJA, there is no legal or factual justification to charge Kagoni for the theft of the exhibits and 'the misguided move by the DPP is meant to harass and intimidate him for making orders against his officers'.
"The charges preferred against Kagoni arise out of his orders or exercise of judicial authority in a case where three people were charged with trafficking in narcotics. He convicted one of them,” Wambui argued.
The petition claims that Kagoni sentenced Hussein Massoud Eid for trafficking in narcotics and in addition fined him Sh90 million.
“The DPP seems to be keen on punishing Kagoni for previously disallowing an application made on behalf of the Republic thus the decision is made in bad faith and in brazen violation of public interest,” court documents read.
The association argues the DPP will violate the Constitution if he charges the magistrate for exercising judicial authority.
Kagoni was arrested alongside three others including court assistant Onesmus Momanyi, court executive assistant Abdallah Awadh and court staff Lawrence Thoya.
They face several charges including include obstruction with intent to defeat justice, aiding and abetting trafficking in narcotic drugs and theft.
The magistrate is out on Sh100,000 bond or Sh20,000 bail.
Edited by R.Wamochie
