This archive report was first published on 9 September 2019.
On September 9, 2019, Justice Reuben Nyakundi of the High Court in Mombasa issued an order temporarily halting the prosecution of Mombasa Principal Magistrate Edgar Kagoni over the alleged loss of Sh30 million heroin exhibit in a case he presided over.
The order was made following applications by Mr. Kagoni and the Kenya Magistrates Judges Association (KMJA), who argued that the independence of the judicial officer is guaranteed by the constitution.
According to the KMJA, the DPP's decision to charge Mr. Kagoni with obstruction to defeat justice and aiding the commission of an offence is a violation of the constitution and an attempt to intimidate members of the judiciary.
Mr. Kagoni's lawyers, led by Mr. Nelson Havi and Mr. Vincent Omollo, argued that the magistrate was likely to plead to the charges in respect to a matter where the constitution has said there can be no criminal or civil liability.
Justice Nyakundi directed that Mr. Kagoni be released on a Sh100,000 bond with a surety of similar amount or an alternative of Sh20,000 cash bail 'wherever he is being held.'
