Kenya court asked to extradite Akashas over heroin

The Kenya government has asked a court to hand two sons of slain drug baron Ibrahim Akasha and two other suspects to authorities in the United States.

The four are wanted in connection with a plot to smuggle heroin into the US. They were arrested earlier this month after a months-long ‘sting’ operation.

Formal extradition proceedings were kicked off at a Mombasa court Tuesday with an application by the office of the Director of Public Prosecutions.

Through Assistant DPP Alexander Muteti, the State asked to have the four presented in court for identification and advised of the extradition request.

“Upon production of the respondents, the court informs them of the order by the DPP signifying that a requisition for the extradition and surrender of the fugitives has been made,” read part of the orders sought by the DPP.

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

Mr Muteti said the DPP is seeking an order that the respondents be extradited and surrendered to the US for trial in the Southern District of New York together with all articles in their possession at the time of their arrest.

The application by Mr Muteti, filed under a certificate of urgency, is based on a formal request received by the government from US authorities.

He asked that, given the sensitivity of the matter, the court file be held under lock and key.

In his supporting affidavit, Principal Prosecution Counsel Peter Kiprop said all necessary documents have been filed. He urged the court direct as to when the respondents should be produced and proceedings commence.

Mombasa chief magistrate Stephen Riechi certified the application as urgent and directed the file to be classified as a “strong room file”. 

BLAST FROM THE PAST: Akasha kin charged with the theft of Moi’s Range Rover.

Last week, the respondents, through their lawyers Cliff Ombeta and Kirathe Wandugi, renewed their application to be released on bond. They told the court that they were ready to abide by any conditions the court may give.

Mr Ombeta urged the court not to rely on a Red Notice issued by Interpol against the suspects saying it was not a compelling reason to deny them bail.

Mr Muteti opposed the application saying there are no changed circumstances to allow granting of bail.

Previously, the Inspector General of Police was ordered to ensure the suspects did not leave the jurisdiction of the court without an order.

Mr Muteti said the government has no intention to hand over the suspects to any authority without compliance of extradition laws.

The court had ruled that the suspects will 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 four suspects saying the application by the state was lawful.

The magistrate had also declined to issue an order against Interior Cabinet Secretary Joseph Ole Lenku and his counterpart in charge of home affairs to ensure the four suspects do not leave the country without a court order.

This was after defence lawyers raised concerns that one of the suspects had been taken to Nairobi for questioning without the knowledge of the court.

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

The case will be mentioned on December 1 for directions.