Akasha sons bail case sent back to magistrate
What you need to know:
- The court had earlier directed the matter be handled by Chief Magistrate Stephen Riechi as the trial magistrate is away on official duty.
- “It would be in the interest of justice that this court allows any other judicial officer or the High Court registrar to continue with the approval,” said Mr Ombeta, adding that the continued stay of the applicants in custody was detrimental to their health.
- Mr Ombeta said the constitutional rights of the applicants to be released on bond is being affected by other official functions that have been assigned to the trial court and refusal by other judicial officers to handle the matter.
The bond application for the sons of slain drug baron Ibrahim Akasha and two foreigners has been taken back to the trial court.
Mr Justice Anyara Emukule Wednesday reviewed his earlier orders to have the matter handled by another judicial officer and directed Chief Magistrate Maxwell Gicheru to continue with the case on March 17.
The court had earlier directed the matter be handled by Chief Magistrate Stephen Riechi as the trial magistrate is away on official duty.
Yesterday, the High Court heard that Mr Riechi was not comfortable dealing with the bond approval.
“On March 3, Mr Riechi called us into his chambers and indicated that he was not comfortable with the matter. He said it is a ‘hot file’ and that the matter was being investigated by the Ethics and Anti-Corruption Commission,” lawyer Cliff Ombeta for the applicants told the court.
The application by Mr Baktash Akasha Abdalla, Mr Ibrahim Akasha Abdalla, Vijaygiri Anandgiri and Gulam Hussein is premised on grounds that Mr Riechi, who was directed to conduct the approval while the trial court is on official duty, has declined to do so.
DETRIMENTAL TO THEIR HEALTH
In his supporting affidavit, Mr Ombeta said he and lawyer Samuel Oguk and prosecuting counsel Lydia Kagori were summoned by Mr Riechi into his chambers, where he declined to proceed with the approval.
“It would be in the interest of justice that this court allows any other judicial officer or the High Court registrar to continue with the approval,” said Mr Ombeta, adding that the continued stay of the applicants in custody was detrimental to their health.
Mr Ombeta said the constitutional rights of the applicants to be released on bond is being affected by other official functions that have been assigned to the trial court and refusal by other judicial officers to handle the matter.
Assistant Director of Public Prosecution Alexander Muteti told the court that he did not file a response to the application since the court can deal with the matter administratively.
