This archive report was first published on 8 December 2019.
On December 7, 2019, Director of Public Prosecutions (DPP) Noordin Haji expressed his frustration with the Judiciary's handling of a case involving Mombasa Principal Magistrate Edgar Kagoni.
Magistrate Kagoni had been accused of losing heroine exhibits worth Ksh.30 million, but the charges were later quashed by Malindi Resident Judge Reuben Nyakundi.
According to Haji, the Judiciary's decision to dismiss the charges and order him and Director of Criminal Investigations (DCI) George Kinoti to pay Kagoni Ksh.2 million in damages was a clear case of impunity.
"If the Judiciary says they cannot be investigated, then police officers and governors and other officials will also say the same thing…how would that work? Yet someone broke the law and we have evidence that it was criminal," Haji wondered.
He further emphasized that storing drugs in a courtroom was a clear violation of the law, and that the magistrate's actions were intentional and aimed at facilitating the theft of the drugs.