Mombasa Law Courts Principal Magistrate (PM) Edgar Kagoni Matsigulu who had found himself in the soup due to disappearance of Heroin exhibits worth Ksh.30 million is a relieved man after the High Court ordered his immediate release.
The magistrate together with three other court official were on Friday arrested after disappearance of evidence from the exhibit store.
In the ruling given by Mombasa high court judge, Reuben Nyakundi, the magistrate was released on a cash bail of Ksh. 20,000 or an alternative cash bond of Ksh. 100,000.
The judge also annulled The Director of Criminal Investigation (DCI), George Kinoti, recommendation to DPP Noordin Haji that he pursues criminal charges against the magistrate.
In his statement the judge ruled that : “Plea shall not be taken and criminal proceedings shall not be undertaken nor progressed based on the recommendation of the DCI to the DPP to charge Magistrate Edgar and the consequential decision of the DPP contained in the press statement dated 7 September, 2019 to charge Kagoni Edgar with obstruction of Justice contrary to section 117 of the Penal Code and aiding to the commission of an offence contrary to section 8(c) of the Narcotics and Psychotropic substance control act or any other charge that may be founded on the facts of the Edgar’s conduct as a judicial officer in Mombasa Chief Magistrate court criminal case No. 468 of 2018”
The ruling was based on Article 160(5) of the constitution and Section 45(1) of the Judicial Service Act. Both of the legislations indemnify the judiciary for actions or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via firstname.lastname@example.org