DPP FIGHTS RULING RELEASING AKASHA SONS ON KSH5M BOND

The sons of slain drug baron Ibrahim Akasha sit in the dock at a Mombasa court. The Director of Public Prosecutions Keriako Tobiko has appealed against a decision by a magistrate to release Akasha sons and two other suspects facing narcotics charges, on a Ksh5 million bond. PHOTO | FILE 

Mombasa. Director of Public Prosecution Keriako Tobiko has appealed against a decision by a magistrate to release the sons of slain drug baron Ibrahim Akasha and two other suspects facing narcotics charges, on a Ksh5 million bond.

Through Principal Prosecution Counsel Peter Kiprop, the DPP is seeking to have the orders by Mombasa Chief Magistrate Maxwell Gicheru set aside.

The DPP also wants the suspects remanded, pending the hearing and determination of extradition proceedings against them.

According to Mr Kiprop, the magistrate erred in law by granting bail to the suspects following their fresh application for bond, having previously been denied the same.

“The chief magistrate erred in law and fact by varying his earlier order in which he had denied bail without any substantive new facts being presented before him to warrant change of mind from his earlier order,” said Mr Kiprop.

He argues that the magistrate erred by failing to find, as he earlier did, that the nature and gravity of the offence was compelling reason to deny bail. “... the extradition proceedings preferred against the respondents is in itself an incentive for flight from Kenyan jurisdiction by the respondents,” said Mr Kiprop.

The DPP further argues that the lower court erred by failing to consider that two of the suspects were not Kenyan, hence they remain high flight risk if released.

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

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

Mr Gicheru had released the suspects on bond with two sureties each and had ordered them to surrender their passports to the investigation officer until the extradition proceedings were over. (NMG)