Judge dismisses plea to have Boinett produce Akashas in court

Baktash Akasha in a Mombasa court. FILE PHOTO | NMG

What you need to know:

  • The judge dismissed the application following a preliminary objection by the prosecution.
  • Senior Assistant Director of Public Prosecutions Alexander Muteti argued that the court did not have jurisdiction to hear the application.
  • Lawyer Cliff Ombeta. had argued that holding his clients in communicado and denying them the services of a lawyer amounted to an abuse of their basic human rights.

The High Court has dismissed an application seeking to have the two sons of slain drug baron Ibrahim Akasha and two foreigners, who were recently extradited to the US, produced in court.

Justice Dora Chepkwony said the court was not told where Baktash Akasha, Vijaygiri Goswami, Ghulam Hussein and Ibrahim Abdalla Akasha were.

The four suspects face drug-related charges in the US following their extradition last month.

The judge dismissed the application following a preliminary objection by the prosecution.

Senior Assistant Director of Public Prosecutions Alexander Muteti argued that the court did not have jurisdiction to hear the application.

The prosecution also argued that the application was meant to embarrass the Inspector-General of Police and the Director of Criminal Investigations.

In her ruling, the judge said the applicants have the option of filing a suitable application before the High Court.

The court had previously summoned Inspector-General of Police Joseph Boinnet and Ndegwa Muhoro, the Director of Criminal Investigations, to appear in court and produce the four suspects.

The court had also restrained the two senior officers from taking away the four out of its jurisdiction pending the hearing and determination of the habeas corpus — an order to be produced in court —application filed by lawyer Cliff Ombeta.

Mr Ombeta had argued that holding his clients in communicado and denying them the services of a lawyer amounted to an abuse of their basic human rights.

The extradition proceedings against the suspects at the magistrate court were never concluded.

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