Tobiko fights ruling releasing Akasha sons on Sh5 million bonds

The four accused persons from Left: Mr Ibrahim Akasha Abdalla, Mr Gulam Hussein, Mr Vijaygiri Goswami and Mr Baktash Aakasha in a Mombasa court for the hearing of their case in this picture taken on December 8 2014. FILE PHOTO |

What you need to know:

  • Through Principal Prosecution Counsel Peter Kiprop, the DPP is seeking to have the orders by Mombasa Chief Magistrate Maxwell Gicheru set aside.

  • The DPP also wants the suspects remanded, pending the hearing and determination of extradition proceedings against them.

  • According to Mr Kiprop, the magistrate erred in law by granting bail to the suspects following their fresh application for bond, having previously been denied the same.

Director of Public Prosecution Keriako Tobiko has appealed against a decision by a magistrate to release the sons of slain drug baron Ibrahim Akasha and two other suspects facing narcotics charges, on a Sh5 million bond.

Through Principal Prosecution Counsel Peter Kiprop, the DPP is seeking to have the orders by Mombasa Chief Magistrate Maxwell Gicheru set aside.

The DPP also wants the suspects remanded, pending the hearing and determination of extradition proceedings against them.

According to Mr Kiprop, the magistrate erred in law by granting bail to the suspects following their fresh application for bond, having previously been denied the same.

“The chief magistrate erred in law and fact by varying his earlier order in which he had denied bail without any substantive new facts being presented before him to warrant change of mind from his earlier order,” said Mr Kiprop.

He argues that the magistrate erred by failing to find, as he earlier did, that the nature and gravity of the offence was compelling reason to deny bail.

“... the extradition proceedings preferred against the respondents is in itself an incentive for flight from Kenyan jurisdiction by the respondents,” said Mr Kiprop.

LOWER COURT ERRED

The DPP further argues that the lower court erred by failing to consider that two of the suspects were not Kenyan, hence they remain high flight risk if released.

The suspects are Mr Baktash Akasha Abdalla, Mr Vijaygiri Anandgiri Goswami, Mr Ibrahim Akasha Abdalla and Mr Gulam Hussein.

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

Mr Gicheru had released the suspects on bond with two sureties each and had ordered them to surrender their passports to the investigation officer until the extradition proceedings were over.

He had also directed the suspects to produce proof of their Kenyan nationality or their lawful presence in the country.

The court also ordered the suspects to show their lawful occupation or engagement and to report to the investigations officer every Friday at 10am.

In granting bond, the magistrate said the suspects do not have to be held in custody while the extradition proceedings continue.

Through lawyers Cliff Ombeta and Kirathe Wandugi, the suspects successfully renewed their application to be released on bond.

 “In the absence of any offence here, you can’t deny the suspects bail,” Mr Ombeta had told the court.

Yesterday, the court directed the lower court proceedings to be typed and the DPP to serve the respondents with the application.