DPP accuses Akasha sons’ lawyers of delay tactics

The Director of Public Prosecutions on Monday claimed lawyers defending the sons of former drug baron Ibrahim Akasha and their associates against extradition were seeking to delay the matter.

Assistant Director of Public Prosecutions Alexander Muteti, opposing an adjournment request, argued that the application by the defence was calculated to delay the matter.

Defence lawyer Samuel Oguk had applied for the adjournment, saying his colleague, Mr Kirathe Wandugi, had a matter at the Court of Appeal in Nairobi, while another defence lawyer Cliff Ombeta was ill.

However, Mr Muteti argued that one month had elapsed since the legal teams argued the defence’s preliminary request to have the proceedings halted.

Chief Magistrate Maxwell Gicheru, however, allowed the adjournment, saying a date at the Court of Appeal where Mr Wandugi had gone was fixed on a short notice.

The DPP wants Mr Baktash Akasha Abdalla, Mr Gulam Hussein, Mr Ibrahim Akasha Abdalla and Mr Vijaygiri Anandgiri Goswami extradited to the US for drug-related charges.

He initiated a case in court seeking authorisation to hand over the four, but their lawyers raised a preliminary objection to the proceedings, claiming they were not properly instituted as the DPP had no power to make the application.

However, Mr Muteti argued that the matter was criminal in nature and should “nearly be conducted as criminal proceedings”.

He argued that the functions of the DPP under the Office of Director of Public Prosecution Act include initiating extradition proceedings.

According to the prosecution, the US law enforcement agents working with their Kenyan counterparts investigated the suspects for offences including conspiracy to import heroin. The defence will respond to the DPP’s submissions on the preliminary objection on February 16.