Court orders prosecution of CS Joseph Nkaissery and CDF Mwathethe over destruction of Sh22m drug ship

A court in Mombasa has ordered the arrest and prosecution of Government officials who oversaw destruction of a yacht it says was a crucial exhibit in a Sh22 million narcotics case.

Yesterday, Chief Magistrate Julius Nange’a said the vessel had been earmarked as an important exhibit and was under the court’s custody. 

Nange’a said those behind its destruction disobeyed a court order to preserve the ship.

The yatch, Baby Iris, was impounded at Kilifi’s Mnarani boat yard on April 10, 2015 laden with 7,600 grammes of heroin. It was blown up on August 14, 2015 by the Navy under the supervision of Interior Cabinet Secretary Joseph Nkaissery, Chief of Defence Forces General Joseph Mwathethe and Coast Regional Coordinator Nelson Marwa.

“This is a serious case and the ship was an exhibit that was in the custody of the court. The Director of Public Prosecution (DPP) should undertake the prosecution of those who torched the ship,” said Nange’a.

Defence lawyer Jared Magolo said he will institute theft proceedings against Nkaissery, Mwathethe, Marwa and Principal Secretary Monica Juma.

But Alexander Muteti, an assistant DPP, was non-committal on whether he will institute charges against the senior state officials as directed by the court.

“We will first launch an investigation because, at the moment, we don’t know who we should prosecute,” said Muteti.

An affidavit sworn by officials of the Directorate of Criminal Investigations last week confirmed that the yacht was missing after and was destroyed “pursuant to an Executive Order.”

British tycoon Clement Serge, the owner of Baby Iris, and Kenyans Ahmed Said Bakar, Mohamed Bakari Mohamed, Sharifu Mzee Mohamed and Ahmed Hussein Salim were charged with trafficking heroin into the country.

Before its capture in a yard in Kilifi on April 10 last year, MV Baby, Iris which is registered in Singapore, was used to ferry wealthy Western tourists and vacationers to Kenya, Tanzania, Madagascar and Seychelles in the Indian Ocean.

 Nange’a had on November 26, 2017 withdrawn himself from the case, citing interference by the Executive and referred the case to former Chief Magistrate Terecia Matheka.

“I am no longer comfortable hearing this case. The Executive’s action, needless to say, strikes a huge blow against the rule of law by taking away key exhibit and destroying it without the authority of the court. The Executive showed disrespect to the court,” he said.

 But yesterday, Nange’a said he will continue hearing the case after Matheka returned the file to him.
The case will be heard on March 23, 2017.

The prosecution has lined up more than 15 witnesses.