Lawyers criticise President Uhuru Kenyatta for order to destroy drugs ship

Some of the 341-kgs of heroin that was destroyed together with the MV Al Noor on August 29, 2014. FILE PHOTO | LABAN WALLOGA |

What you need to know:

  • Law Society of Kenya chairman Eric Mutua said the ship was an exhibit in an ongoing case.
  • The vessel was blown up on August 29 in Kenyan territorial waters as a sign of the government’s tough stand against drug trafficking.

Lawyers have criticised President Uhuru Kenyatta for disregarding the law after he led an operation to destroy a ship packed with heroin valued at Sh1.3 billion.

Law Society of Kenya chairman Eric Mutua said the ship was an exhibit in an ongoing case and the move to destroy it was not only in bad taste but was also in contempt of court.

The vessel was blown up on August 29 in Kenyan territorial waters as a sign of the government’s tough stand against drug trafficking.

“This is pure impunity. The destruction of the ship did not follow the law. How do you destroy an exhibit which is a property of the court,” Mr Mutua told a group of lawyers in Kisii on Friday evening.

CHRONOLOGY

He spoke as the LSK provided the Sunday Nation with a chronology detailing the events in court that preceded the blowing up of the ship and its contents, an act that was supervised by President Kenyatta.

The ship, mv Al Noor, was impounded on July 3 off Mombasa with the State asking the suspects arrested on board to be remanded pending investigations. The ship itself was kept at dock number eight.

According to LSK CEO Apollo Mboya, bail applications for the crew were made and denied with the dates of hearings set.

The matter was to be mentioned for review of bond terms and enjoining of other accused persons on August 18.

Mr Mboya said Mr Cliff Ombeta, the counsel for the defence, made an application that photographs of the ship be taken.

The matter, he said, was to be mentioned on August 22, but unfortunately, Mr Ombeta’s father died on the same date.

That very day, the State made an application for urgent trial of the case because of the dangerous nature of the drugs.

“On August 26, an application was made so that the hearing proceeds three days later so that after identifying the drugs, the same can be destroyed. It is on the same date that the State came up with an application for destruction of the ship (vessel),” Mboya said. The matter was fixed for hearing on August 29.

“Four witnesses testified, but were to be cross-examined on September 2,” he said.

STILL AN EXHIBIT

“The Chief Magistrate made an order that the drugs could be destroyed since samples had been taken, but the ship could not be destroyed because of a pending application and also it was still an exhibit,” he said.

“The State went to the High Court for a review the same afternoon, but the High Court upheld the Chief Magistrate’s orders and stated that the ship should not be destroyed. That was at 2.30 p.m.”

“By 4 p.m. the same day, the ship had been destroyed and allegedly the drugs, too. On September 2, when the matter came up for hearing, the cross-examination of the suspects was to be done and exhibit one, which was the ship, was needed. There was none.”

“How was the ship removed from dock number eight? Was there a court order? Was there an appeal against the High Court?” he asked, wondering whether the Chief Magistrate was informed of the decision to destroy the ship.

“Was the Chief Magistrate informed about it? Did the registrar of seizure know? Was he served with an order? Was he aware of the activities?” he said.

Mr Mboya described the manner in which the ship was destroyed as a “miscarriage of justice”.

The owner of the vessel, he says, has been denied an opportunity by the State to reclaim it since it was destroyed before the notice period — given as 90 days — was over.