Akashas lose bid to block Tobiko appeal

An appeal by the Director of Public Prosecutions against a decision by a magistrate releasing the sons of slain drug baron Ibrahim Akasha and two other suspects will go on, the High Court has ruled.

Justice Martin Muya on Friday dismissed the accused’s application to have the appeal struck out.

He found no merit in the application, he said. The matter will be heard on a priority basis,” he said, adding, the DPP could not be faulted for filing the appeal without copies of the record of proceedings in the magistrate’s court.

EARLIEST POSSIBLE

Mr Muya extended a stay order against the suspects’ release pending hearing and determination of the case.

Assistant DPP Alexander Muteti said he was instructed to argue the appeal at the earliest possible opportunity.

Baktash Akasha Abdalla, Vijaygiri Anandgiri, Ibrahim Akasha Abdalla and Gulam Hussein through their lawyers had filed an application seeking to have the appeal struck out.

They also wanted the court to discharge the orders of stay of bail and authorise their immediate release on bail terms provided by a magistrate’s court.

“The appeal suffers from total want of merit and is incurably incompetent that it ought to be struck out,” read part of the grounds in the application.

In his supporting affidavit, lawyer Wandugi Karathe for the accused said it was evident that the State was aggrieved by the grant of bail to the respondents and sought to have it cancelled by the review process.

Another lawyer Cliff Ombeta said earlier orders issued by the court have not been cancelled and that the DPP has not asked for them to be stayed. Hearing continues on January 26.