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Court upholds Akasha’s bail release

09 December 2014, 10:31 Ken Wekesa

Mombasa - A Mombasa high court has upheld the decision of the magistrate to release the sons of the slain drug baron Ibrahim Akasha and their compatriots on bail and extended the stay orders for 7 days.

Justice Maureen Odero said that the Director of Public Prosecution ought to have made an appeal before the court instead of calling for the review of the lower court.

Justice Odero said that the ruling, delivered by Senior Magistrate Maxwell Gicheru was in order and the accused should be released.

“I have considered the submissions made and upheld the ruling of my brother which was comprehensive and self explanatory,” said Odero.

Odero extended the stay orders prayed ealier by the prosecution for 7 days, pending an appeal set to be filed by the DPP within the 7days.

Read Also: DPP blocks Akashas’ release

This is after the assistant Director of Public Prosecution, Alexander Muteti moved to court to review the decision of the magistrate court to release the Akasha’s on bail pending the hearing of their extradition case.

Earlier, magistrate Gicheru had released the four; Baktash Akasha, Vijaygiri Goswami, Ghukam Hussein and Ibrahim Akasha Abdalla on bail. In the ruling, the court had given six conditions that ought to have been met before the respondents would be released in bail.

The magistrate court had directed that the respondents deposit their passports with the police, submit a bond of KES 5 million with 2 sureties of similar amount.

The respondents were not to leave the County of Mombasa and were to report to the investigating officer every Thursday at 10 am.

The court also requested the respondents to prove that their presence in Kenya was legal.

The defense lawyers Cliff Ombeta and Wanjohi had earlier argued that the matter was wrongly placed before the court and the prosecution ought to have filed an appeal.

The case will be mentioned on December 15, 2014.

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