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DPP appeals after businessman jailed in Sh44m ivory haul freed

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Director of Public Prosecutions Noordin Haji. FILE PHOTO | NMG

The Director of Public Prosecutions (DPP) Noordin Haji has filed a notice of appeal following a decision to quash a 20-year jail term imposed on businessman Feisal Ali Mohammed who had been convicted of possessing ivory valued at Sh44 million.

Through prosecutor Jami Yamina, the DPP said he was aggrieved and dissatisfied with the decision by Justice Dora Chepkwony who had termed the sentence imposed on Mr Mohammed as unconstitutional. “Take notice that the DPP being aggrieved, appeals to the Court of Appeal against the whole decision of Justice Chepkwony,” the notice.

Justice Chepkwony said the sentence was severe and that the prosecution failed to prove that Mr Mohammed was the owner of the ivory or he engaged in trafficking the trophies.

The judge also threw out an appeal, which the DPP filed seeking to overturn the acquittal of four other people who had been charged alongside Mr Ali and enhancement of the 20-year jail sentence.

Justice Chepkwony said the sentence and Sh20 million fine imposed on Mr Ali was harsh because the minimum punishment set out by law was a one-year jail term and Sh1 million.

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