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DPP accused of frustrating Akasha’s release

17 December 2014, 11:35 Ken Wekesa

Mombasa - The Akashas have accused the Director of Public Prosecution, Keriako Tobiko, of frustrating a court order in his pursuit to appeal their release on bail.

Through their lawyer Karathe Wandugu, the four suspects - Baktash Abdalla, Vijatgiri Goswami, Ghulam Hussein and Ibrahim Akasha said the DPP's application was made in bad faith with the express intention of abrogating their constitutional rights.

The Akashas have also prayed the court to strike out the appeal which intends to frustrate and defeat both the orders of the chief magistrate and the orders of Justice Maureen Odero.

In a sworn affidavit, Wandungu argued that the whole petition is incompetent in law, lacks any merit and is a complete abuse of the judicial process.

“It’s incompetent because the appeal is not accompanied by a copy of the ruling or copies of the proceedings, and was not filed with the document and leave of the court," said Wandungu.

He further argued that the appeal intended to deprive the respondents of their basic and fundamental rights to bail as enshrined in article 49 of the constitution.

Read Also: Court upholds Akasha’s bail release

Wandungu also said that the respondents face extradition proceedings which are bailable and the terms for bail had already been set by the magistrate court.

The defense lawyer further argued that the DPP pursuant on the issue of bail abused the court process in that he is seeking to have issues of canvass and ruled upon by Justice Maureen Odero as the subject of the appeal.

On December 1, 2014 chief magistrate Maxwell Gicheru delivered a ruling releasing the respondents on bail of KES 5 million each with two sureties.

The court had also directed that the two prove their nationalities and prove lawful presence in Kenya and not to leave the jurisdiction of the court.

The DPP, immediately after the delivery of the ruling, lodged an application to review the ruling. Justice Maureen Odero refused to grant orders applied by the DPP.

She further extended the stay orders to hold the respondents in police custody within which the DPP was to lodge the appeal.

The case will be heard on December 19, 2014.

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