A group of lawyers are now accusing the Director of Public Prosecutions of trying to intimidate the courts.
The lawyers representing Mombasa Principal Magistrate Edgar Kagoni who was arrested last week for mishandling heroin exhibits claim the judge enjoys some latitude in law it was unfortunate that he was arrested.
Lawyers led by Nelson Havi said judges and magistrates have legal immunity and the Director of Public Persecutions should follow the law.
According to Havi, the DPP has not cited any section of the laws that Kagoni undermined to warrant his continued conferment.
Kagoni was arrested on Friday last week for allegedly mishandling a consignment of narcotics seized from a drug trafficking suspect Hussein Masoud Eid Bakari earlier this year.
The narcotics worth Ksh30M allegedly vanished from court stores after Hussein’s conviction.
The lawyers claimed the intended prosecution of the magistrate violates the constitution that grants judges some immunity and that is the DPP was dissatisfied with the ruling he should have moved to the Judicial Service Commission for redress.
Kagoni’s case has now been moved to Malindi High Court after Justice Reuben Nyakudi sittings at Mombasa High Court came to end.