A Nairobi Magistrate has granted the state’s application to detain two suspects linked to rhino horn trafficking for ten more days, authorizing a forensic examination of their electronic devices to advance a complex, international investigation.
The ruling, delivered Friday morning by Senior Principal Magistrate Njeri Thuku, follows after the prosecution argued that Feiswal Mohammed Ali alias Feisal (58) and Mohammed Hassan Kontoma (75) are central figures in a sophisticated network and pose a significant flight risk based on past behaviour.
The prosecution, led by Mr. Allen Mulama, informed the court that the state is liaising with international agencies, including INTERPOL, with a view to presenting charges under the Proceeds of Crime and Money Laundering Act.
Mr. Mulama stressed the gravity of the economic crimes involved and the urgent need to protect a star witness, stating that the Witness Protection Program alone was insufficient to guarantee their safety. In her submission, defence lawyer Ms. Gathoni Ibrahim sought to poke holes in the state’s case.
She argued that the seriousness of the alleged offences and the evidence presented did not constitute compelling reasons for further detention. Ms. Gathoni revealed that the state had failed to disclose that Feiswal is not a convict, as his previous 20-year sentence for ivory trafficking was quashed on appeal by the High Court in 2018.
Citing the legal precedent set in Sudi Oscar Kipchumba v Republic [2020], Ms. Gathoni contended that the prosecution had not met the required threshold for detention and that there was no existing charge to warrant holding her clients. She urged the court to release the elderly suspects, noting their medical conditions, and impose restrictions instead.
In his rejoinder, Prosecutor Mulama reiterated that the ten-day request was the “least restrictive measure” and assured the court that the suspects would be charged as soon as investigations were complete, even if before the deadline. He added that the suspects had been treated with dignity throughout the process.
In her determination, Magistrate Thuku acknowledged that the suspects are arrested persons yet to be charged but noted the possible charges touch on serious wildlife trafficking and economic crimes.
She highlighted the significant public interest in the case, stating, “for the alleged rhino horn to be away from the rhino, means that a rhino died… the supposed weight and value are an indicator that not anyone can make a demand for a rhino horn. This requires someone ultra-rich with a fetish for wildlife trophy.”
