Why Akasha brothers signed deal in trial

Lawyer Cliff Ombeta with his clients (from left) Baktash Akasha, Ibrahim Akasha, Abdulsalam Akasha and Vijaygiri Goswami in a Mombasa court on January 13 last year. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Both Kenya and US authorities had indicated that they had collected “overwhelming evidence” against Baktash Akasha Abdalla, 41, and his brother, Ibrahim Akasha Abdalla, 29.
  • The fifth charge relates to use of machine guns and destructive devices to further their drug trafficking activities while the six charge was obstruction of justice.
  • Besides potential early freedom, the Akashas may also get a slap on the wrist for a fine.

The two Akasha brothers signed a guilty plea with US authorities in an attempt to get a more lenient jail term for the drug trafficking, bribery, violence and murder charges that they are facing.

Details of the agreement seen by the Nation show that the Akashas would have been sentenced to life imprisonment for the offences had the case gone to full hearing. Both Kenya and US authorities had indicated that they had collected “overwhelming evidence” against Baktash Akasha Abdalla, 41, and his brother, Ibrahim Akasha Abdalla, 29.

Four of the six counts relate to the period between 2014 and last year when the Akashas were duped by confidential sources posing as drug dealers into admitting that they could supply heroin and methamphetamine in the United States.

The fifth charge relates to use of machine guns and destructive devices to further their drug trafficking activities while the six charge was obstruction of justice. The first five carry a maximum sentence of life imprisonment and the sixth 20 years in prison.

LIFE IN JAIL

That means if the case against them had gone to full trial, they would have faced life in jail. However, there is a chance that they might escape with a lighter sentence because the agreement shows there is a possibility they can be released after serving a minimum custodial sentence of 10 years or a minimum supervised release of five years.

In addition, the term could be reduced substantially by having the sentences for the six counts run concurrently instead of consecutively.

Besides potential early freedom, the Akashas may also get a slap on the wrist for a fine. Instead of the maximum Sh1 billion ($10 million) fine for each of the offences, they could be asked to pay as little as Sh5 million ($50,000) for each of the offences.

However, the agreement does not give them any wriggle room as far as surrendering properties acquired through proceeds of drug trafficking is concerned.

MANUFACTURE NARCOTICS

They will still be required to forfeit all assets believed to be registered with the US Department of justice. Also targeted for surrender are properties which may have been at any one time used for storage or manufacture of narcotics.

The agreement entered before magistrate Katharine H Parker binds all the parties not to appeal against the sentence expected on February 1, next year by Judge Victor Marrero. It also binds them not to vacate from the guilty plea based on the court decision.

“The defendant also agrees not to appeal any fine that is equal to or less than the $10,000,000 (Sh1 billion) and the government agrees not to appeal any fine that is greater than or equal to $50,000 (Sh5 million),” says the agreement signed by attorney Geoffrey Berman, the Akashas and their lawyers.

The agreement is also approved by Mr Ilan Graff, the co-chief of the Terrorism and International Narcotics Unit.

DRUG TRADE

Because the Akashas are not US citizens the guilty plea and conviction make it “very likely” that they will be deported from the United State or suffer other adverse immigration consequences.

They are, however, unlikely to be deported to Kenya because they are believed to have revealed their accomplices in the drug trade across the globe.

Mr Berman described the two brothers as leader and deputy leader of a sophisticated international drug trafficking network.

He said they manufactured and distributed narcotics for over two decades, kidnapped, beat and murdered those who posed a threat to their business.

They also bribed judges, prosecutors and law enforcement officers when they encountered legal hurdles.

No names of officials involved in perpetrating the trade or properties the Akashas own are mentioned.

POSH HOUSES

It is understood that such information is not given to the public before sentencing to avoid inviting harm to witnesses, tipping off the suspects to escape or affording pseudo-owners of the properties time to dispose them.

Investigations by the Nation however show that the Akashas own a luxurious, heavily-guarded property on beach road in Nyali, Mombasa, which could be worth over Sh100 million.

They have other posh houses in Nairobi that are occupied by family members. They also possess top of the range vehicles and jewellery worth millions of shillings.

Some of these were impounded in connection with drugs in 2014. Their father, Ibrahim Akasha, also left properties worth Sh250 million that were seized by the government when he was killed in the Netherlands in 2000.

SEVEN MONTHS

The Akashas were arrested on November 9, 2014, in Kenya after providing 99 kilogrammes of heroin and two kilogrammes of Methamphetamine through an undercover operation masterminded by the US drug enforcement agency.

In separate sting operations, Baktash introduced undercover agents to his heroin suppliers in Pakistani and a narcotics shipper from Afghanstan.

In another, an associate said he could procure methamphetamine precursor chemicals and establish labs for its production.

Methamphetamine, hashish, ephedrine and methaqulone is a schedule 1 controlled substance commonly referred to as Mandrax or mandies and Qualaludes in the United States.