The High court has suspended criminal charges against Mombasa Principal Magistrate Edgar Kagoni in a case linking him to heroin theft.
The magistrate was under fire over the loss of exhibits worth Ksh 30 million in a case that had been brought before him.
The high court dismissed a petition filed by the Directorate of Criminal Investigation, Director of Public Prosecution and the Attorney General linking him to the missing drugs.
The country’s investigative agencies had launched the case accusing Kagoni of masterminding the disappearance of heroin which were exhibits in their case against drug lords operating at the coast.
In his ruling, Justice Nyakundi observed that the magistrate was performing his judicial functions concerning the case where the accused person was sentenced adding that he did not find sufficient grounds to warrant criminal prosecution against the magistrate.
The judge further noted that the rights of the magistrate including his right to liberty during his arrest on the presumption that he had committed a crime had been violated.
According to his lawyer Nelson Havi, the charges levelled against the magistrate were misplaced given that he had already heard and delivered judgment on the narcotics case by the time the drugs disappeared.
Meanwhile, Busia High Court is expected to make a ruling on compensation of 28 children who were allegedly paralyzed by a botched Malaria vaccine at Akichelesit Dispensary in Teso North.
In December 2017, a Busia court ordered the county to issue Ksh 40 million as compensation to the victims but is yet to be paid out.
The victims’ lawyer had expressed disappointment that the county government has failed to abide by a court order that directed the compensation of victims with the figure having accrued interest to stand at Ksh 53 million.
Busia County administration is, however, appealing for more time to be able to pay the victims saying counties operate under a budget.