Lawyer Cliff Ombeta claims three senior officers arrested Akasha sons

Inspector-General of Police Joseph Boinnet and Director of Criminal Investigations Ndegwa Muhoro have been summoned in court Tuesday to produce two sons of slain drug baron Ibrahim Akasha and two foreigners, whose whereabouts are unknown.
Justice Njoki Mwangi of the Mombasa High Court directed the two senior officers to produce Baktash Akasha, Ibrahim Abdalla Akasha, Ghulam Hussein and Indian national Vijaygiri Goswami, together with the original of any warrant or order for detention.

Justice Mwangi also restrained and prohibited the officers from removing the four, who are facing extradition proceedings, out of the court’s jurisdiction.

The orders were issued pending hearing and determination of a habeas corpus application filed by lawyer Cliff Ombeta.

He argued that his clients’ being held incommunicado was an abuse of their basic human rights, further compounded by denial of the services of a lawyer.

Three senior police officers were involved in the arrest of the sons of slain drug baron Ibrahim Akasha and two foreigners during an operation conducted on Saturday, a court heard.

Lawyer Cliff Ombeta told a Mombasa court that three police officers conducted the operation and were led by a Deputy Director of Criminal Investigations, a Mr Maalim, Munga Nyale, the officer in charge of the Anti-Terrorism Police Unit and an acting superintendent of police.

Mr Ombeta, who told the court that he did not see any Mombasa-based police officer during the operation, said Mr Baktash Akasha Abdallah was arrested early Monday morning.

He told Mombasa Chief Magistrate Julius Nang’ea that the police officers ought to be summoned to explain the whereabouts of the suspects.

“These people need to be produced in court, can this (arrests) go on without the office of the Director of Public Prosecutions knowing?” asked Mr Ombeta.

EXISTING ORDER

Mr Baktash is facing extradition proceedings alongside Gulam Hussein, Ibrahim Akasha Abdallah and Vijaygiri Anandgiri Goswami.

Mr Ombeta said he was not aware where his clients were, saying they have looked for them at all police stations in Mombasa without success.

He told the court that there is an existing order issued at the initial stages of the extradition proceedings directing the suspects not to be moved out of Mombasa without court orders.

Mr Ombeta told the court that Mr Goswami was arrested while playing golf while Mr Ibrahim was arrested while driving along Links Road in Nyali and that Mr Hussein was picked up from his house.

WARRANTS OF ARREST

The DPP, through State Counsel Jami Yamina, asked the court to issue a warrant of arrest against the four suspects for failure to attend court on Monday.

“We have no instructions of their whereabouts, they ought to be in court,” said Mr Yamina.

In his brief ruling, the magistrate said he could not issue any order as he is bound by a High Court order issued last week to temporarily stop the extradition proceedings.

“The court cannot issue orders at the moment, they (defence) can approach the High Court for further orders,” said Mr Nang’ea.

The High Court had last week stopped the extradition proceedings temporarily for parties to argue an application by the Director of Public Prosecutions.