The Akashas’ extradition starts
What you need to know:
The suspects are Mr Baktash Akasha Abdalla, Ibrahim Akasha Abdalla, Mr Gulam Hussein, and Mr Vijaygiri Anandgiri Goswami.
Assistant DPP Alexander Muteti said upon conclusion of the proceedings, an order will be sought that will see the four surrendered to the US for trial in New York.
Mr Muteti filed the application under certificate of urgency, based on grounds that a formal request had been received by the government from US authorities.
Formal proceedings to extradite two sons of slain drug baron Ibrahim Akasha to the US have started in a Mombasa court.
The Director of Public Prosecutions (DPP) is seeking to have the Akasha brothers and two other suspects presented in court for identification.
“Upon production of the respondents, the court will inform them of the order by the DPP signifying a requisition for the extradition and surrender of the fugitives,” read part of the orders sought by the DPP.
The suspects are Mr Baktash Akasha Abdalla, Ibrahim Akasha Abdalla, Mr Gulam Hussein, and Mr Vijaygiri Anandgiri Goswami.
Assistant DPP Alexander Muteti said upon conclusion of the proceedings, an order will be sought that will see the four surrendered to the US for trial in New York.
Mr Muteti filed the application under certificate of urgency, based on grounds that a formal request had been received by the government from US authorities.
“Given the sensitivity of the matter, the file should be held under lock and key since the entire proceedings may be required by the requesting state should the proceedings be determined in their favour,” said Mr Muteti.
In his supporting affidavit, Principal Prosecution Counsel Peter Kiprop said all necessary documents had been filed and asked that the proceedings begin.
Mr Kiprop asked the court to give directions as to when the respondents should be produced in court and also when the proceedings should start.
Mombasa Chief Magistrate Stephen Riechi certified the application as urgent and directed the file to be classified as “strong room file”.
Last week, the respondents, through lawyers Cliff Ombeta and Kirathe Wandugi, reapplied to be released on bond. They told the court they were ready to abide by any conditions the court may please.
COMPELLING REASON
Mr Ombeta urged the court not to rely on a Red Notice issued by Interpol against the suspects, arguing that the notice could not be a compelling reason to deny the suspects bail.
But Mr Muteti opposed the application, saying that the circumstances had not changed to allow granting of bail.
Earlier, the Inspector General of Police was ordered to ensure the suspects will not leave the jurisdiction of the court without an order.
Mr Muteti said the suspects would not be handed over to any authority without complying with the law.
The court had ruled that the suspects would be held in police custody for 17 days to allow formal extradition procedures to be complied with.
The magistrate also issued a provisional warrant of arrest against the suspects, saying the application by the State was lawful.
The magistrate also declined to issue an order against Interior Cabinet Secretary Joseph ole Lenku stopping him from extraditing the suspects without a court order.
Defence lawyers were at the time uncomfortable that one of the suspects had been taken to Nairobi without the knowledge of the court
The case will be mentioned on December 1.
The US Drug Enforcement Agency working with Kenyan police investigated the suspects for the offences before making the arrests.
