The Director of Public Prosecutions (DPP) Noordin Haji filed a notice of appeal against the High Court's decision to quash the 20-year jail term imposed on ivory tycoon Feisal Ali.
DPP Haji filed the notice of appeal on Tuesday after the Mombasa High Court revoked a 20-year jail term for Feisal who was convicted in 2016 for possessing Ksh44 million ivory.
Haji had maintained that he was dissatisfied and aggrieved with the judgement.
The DPP noted that evidence presented at trial was sufficient to secure a conviction and he was confident the Court of Appeal will overturn the High Court decision.
[caption caption="Ivory tycoon Feisal Ali"]
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High Court Judge Dora Chepkwony in her ruling had stated that Ali’s sentence was unconstitutional.
The judge further maintained that the evidence adduced before the court during the trial had many gaps and doubts.
She declared the evidence was circumstantial, which the trial court ought to have interrogated further before using it when the suspect was being sentenced.
Ali was sentenced to 20 years in prison and a Ksh20 million fine by a Magistrate Court in 2016.
He, alongside four others Abdul Halim Sadiq, Ghalib Sadiq Kara, Praverz Noor Mohamed and Abdulmajeed Ibrahim, was accused of being in possession of 2,252 kilogramme of ivory nabbed on June 2014 in Tudor, Mombasa.
[caption caption="The Director of Public Prosecution Noordin Haji"]
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The ivory businessman was arrested in December 2014 by Interpol agents in Dar es Salaam, Tanzania, before he was brought into the country for trial.
They all denied charges and the four others were released, but Ali was jailed.
