DPP blocks Akashas’ release
02 December 2014, 23:00
Mombasa - A Mombasa high court has halted the release of two sons of the slain baron Ibrahim Akasha and their two accomplices who are being held by police in connection to trafficking narcotic in the United States of America.
The DPP on Monday evening went to court seeking a stay order against an order granted by the magistrate court.
In an affidavit sworn by prosecution council Lydia Kagori the state said that the fugitives Baktash Akasha, Vjaygiri Goswami Ghukam Hussein and Ibrahim Akasha Abdalla were a flight risk and may disappear from the jurisdiction of the court if released on bail.
Kagori said that Mr Goswami and Hussein were foreign nationals whose country of domicile is unknown and they be had to be traced if they leave the jurisdiction of the court.
The director of Public prosecution Alexander Muteti further prayed for the extension of the orders toady before Justice Maureen Odero.
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Muteti said that the respondents did not give any change if circumstances to review the earlier decision of the magistrate court to deny them bail.
“The contention of the application is that the magistrate court had no basis in granting the order” said Muteti
He said that the court ought to have addressed itself to the fact that the respondents were a flight risk ‘what has changed about that” added Muteti
He said that in an earlier ruling the magistrate had ruled that Kenyans had a duty to cooperate with the international duties and treaties and that it was a common practice to deny bail to person facing an extradition case.
“This is to ensure that the requested state does not loose persons being requested to be extradited” said Muteti
The prosecution also said they were ready to proceed with the extradition process.
However the defense lawyers Cliff Ombeta and wanjohi objected the application made tby the dpp, Wanjohi said the matter was wrongly placed before the high court.
“They are aggrieved by the outcome of a magistrate court they should give evidence to seat the appeal” said Wanjohi.
Wanjohi said the magistrate court had not expressed any doubt about the nationality of the 2nd and 3rd accused.
“The court was very specific that the four do report to the investigating officer every Friday at 10 am and also directed that they should not leave the county” said Wanjohi
Justice Odero directed that the interim orders be extend to December 8 2014 where she will give a ruling.
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