DPP to proceed with extradition proceedings against Akashas

The Director of Public Prosecutions intends to continue with extradition proceedings against the sons of slain drug baron Ibrahim Akasha and two foreigners without calling witnesses, a court heard Wednesday.

Assistant DPP Alexander Muteti told the new Mombasa Chief Magistrate Julius Nang’ea that they had earlier indicated that the prosecution did not want to call “live” witnesses.

Mr Nang’ea is taking over the case from his predecessor, Mr Maxwell Gicheru.

During Wednesday’s mention of the case, the court was to give directions on how it would proceed.

It was also to deal with the issue of property allegedly taken by police without a search warrant from people who are not involved in the case.

A preliminary objection to the proceedings by the defence had previously been dismissed, hence the commencement of the extradition proceedings.

After the dismissal, Mr Baktash Akasha Abdalla, Gulam Hussein, Ibrahim Akasha Abdalla and Vijaygiri Anandgiri Goswami objected to their being extradited to the US.

GAVE REASONS FOR PROCEEDINGS

The then chief magistrate had asked each of the suspects whether they agreed to be extradited after informing them the reasons for the proceedings.

In dismissing the preliminary objection, the magistrate said the DPP is the minister referred to in the Extradition Act.

Mr Muteti told the court that they would like to rely on the "dossier" presented to them by the US.

“If the court were to direct we call witnesses, it is okay but we require notice from the defence on which witnesses they may require,” said Mr Muteti.

Lawyer Cliff Ombeta, one of the defence lawyers, said the bundle of the pleadings they have are a narration of what was stated by the US investigation officer.

During the hearing of the preliminary objection, the DPP defended the extradition proceedings against the suspects, saying he is the one who can commence the proceedings.

“Section 2 and 5 of (the) Office of the Director of Public Prosecutions Act (states that) prosecution includes extradition proceedings; it is beyond doubt we are properly before you,” Mr Muteti had argued in his submission.

Mr Muteti said the offences that the four were arrested for are extraditable and that a request for provisional warrants of arrest is meant to secure the arrest of the suspects.

According to an application by the DPP, the US law enforcement agents working with their Kenyan counterparts have investigated the suspects for the offences, among them conspiracy to import heroin.

Mr Muteti said upon conclusion of extradition proceedings, the DPP will seek an order that the respondents be extradited and surrendered to the US for trial in the Southern District of New York.

The new magistrate said he would look at the file and familiarise himself with it and give directions on June 4, 2015.