High Court raises bonds for Akashas to 30m each after appeal by DPP

The Director of Public Prosecutions (DPP) has lost a bid seeking to quash a magistrate’s decision releasing the sons of slain drug baron Ibrahim Akasha and two foreigners on bond.

However, the DPP got a reprieve after Justice Martin Muya enhanced bond terms to Sh30 million each with two sureties against the four suspects, who had been released by a lower court on a Sh5 million bond.

In his ruling on an appeal by the DPP against the Mombasa chief magistrate’s decision to release the suspects on a Sh5 million bond, the judge noted that the circumstances of the case warranted stiff bond terms.

The DPP commenced extradition proceedings against Mr Baktash Akasha Abdalla, Vijaygiri Anandgiri, Ibrahim Akasha Abdalla and Gulam Hussein in November 2014.

Mr Muya said the suspects would be required to report three days a week to the investigating officer and also comply with other conditions imposed by the magistrate.

He further said the suspects would also have to comply with conditions set by the magistrate’s court.

Mr Muya said there was a definite finding made by a court of similar jurisdiction (High Court) on an application for review of the magistrate’s order filed by the DPP.

“A definite finding was made on revision; there is no need to interrogate the issue further,” said Mr Muya.

NOTHING IMPROPER

Prior to the filing of the appeal by the DPP, Lady Justice Maureen Odero had ruled that there was no basis to review the orders of the magistrate, saying she had found nothing incorrect or improper about the decision.

Assistant DPP Alexander Muteti said they were not satisfied with the evidence presented on the issue of illness of the suspects to justify the court's granting them bond.

Mr Muteti further argued that extradition proceedings against the respondents provided a compelling reason the court ought to consider.

He urged the court to quash the magistrate’s decision, saying the prosecution would work to conclude the extradition proceedings.

Through their lawyers, Kirathe Wandugi, Samuel Oguk, Wamuti Ndegwa and Cliff Ombeta, the suspects called the appeal by the DPP incompetent.

Mr Wandugi, who said the right of the DPP to lodge an appeal was limited by law, noted that the issue of bail was presented before a High Court of similar jurisdiction and disposed of.

He further said that they had gone to the magistrate to renew the application for bond and not for a review.

“The issues of bail have been fully canvassed before the chief magistrate”, said Mr Wandugi, adding that they demonstrated the ill health of some of the respondents.

He added that the gravity of the offence and the severity of the sentence are not compelling reasons to deny the suspects bond.

Mr Ombeta told the court that medical documents on the health of the respondents from a competent doctor were provided at the early stages of the proceedings and were not opposed.

He said the State had not objected to the release on bond of other people facing extradition proceedings in the country.

For his part, Mr Oguk told the court that there should be no discrimination in granting bail to two of the respondents who are foreigners.