Kenya urged to change stance on piracy trials

• Canada says government should reconsider its decision to terminate agreement with EU

Canada has renewed its appeal to Kenya to rescind a decision to terminate an agreement with the European Union to host trials of suspected Somali pirates. 

The Canadian High Commissioner to Kenya, Mr David Collins said the Kenyan government should play its role in international efforts to eradicate piracy off coast of Somali to save the economies of regional countries. 

He said a lot of countries in East Africa and the Great Lakes region depended on the port of Mombasa to export and import goods. 

“We call on the Kenyan government to return to dialogue with the international community and help dig out the root of piracy. We need to establish safe shipping routes to the port of Mombasa,” Mr Collins said.

He was speaking during a courtesy call on Coast PC Ernest Munyi and Mombasa mayor Ahmed Mohdhar at Mombasa on his first tour of the region.

The envoy said EU member states were committed to supporting Kenya create a strong judiciary system to try suspected pirates. 

Kenya ended its Memorandum of Understanding with the EU to host trials of suspected Somali pirates on September 30 this year.

High Court judge Justice Mohammed Ibrahim ruled that Kenyan courts had no authority to try crimes committed outside its jurisdiction because the penal code did not specify such crimes. 

He ordered lower courts to stop trying pirates arrested in international waters, saying Kenya had no jurisdiction over crimes committed outside its territorial boundaries.

About 100 people have been charged with piracy in the Kenyan courts and 18 had been convicted.

International donors funded the building of a new court at Shimo la Tewa prison to try piracy suspects.

Canada is among several donors which include the United Nations Office on Drugs and Crime, the EU and Australia, which have donated Sh400 million.

Dozens of EU countries, including Canada, have deployed warships off the coast of Somalia. 

Meanwhile, 17 suspected Somali pirates who were acquitted on a piracy charge only to be re-arrested moments later for being in the country illegally have been released.

This was after the High Court in Mombasa dismissed an appeal filed by the State challenging their release and seeking their detention until determination of the appeal.

State counsel Jacob Ondari had asked the High Court for an order against the repatriation of the suspects.

Lady Justice Maureen Odero, however, said the State jumped the gun by rushing to the High Court when the lower court could have dealt with the matter.

She also noted that the effect of the orders would be to continue holding the suspects in custody despite an order that they be repatriated back to their country.