MOMBASA: The legal battle between the sons of slain drug baron Ibrahim Akasha and the State took a new twist yesterday after they filed an application challenging an appeal by Director of Public Prosecutions (DPP) opposing their release on bail.
Baktash Akasha Abdallah, Ibrahim Akasha Abdallah, Ghulam Hussein and Vijay Goswami, through their lawyers, yesterday told Justice Martin Muya that the appeal by DPP Keriako Tobiko lacked merit and was an abuse of judicial process.
The four are wanted by the New York District Court to face charges of drug trafficking.
Their lawyer Cliff Ombete argued that the DPP's appeal filed on Monday was "vexatious, frivolous and lacked merit" and should struck out.
"The appeal is intended to deprive the fugitives their basic and fundamental rights to bail as enshrined in article 49 of the Constitution," said Ombeta.
The DPP has appealed against the order to release the fugitive saying "there are compelling reasons to deny the suspects bail."
According an application filed before Justice Maureen Odero, the DPP says the "fugitives are flight risk" and can abscond if released on bond.
The Akashas second lawyer Wandugu Karathe submitted that the appeal filed by the DPP was a clear move to frustrate the orders which the Chief Magistrate issued allowing suspects to be released on bail.
He complained that before the the appeal was lodged by the DPP on December 15, Chief Magistrate Maxwell Gicheru delivered a ruling where he admitted his clients to bail after satisfying six conditions.
The lawyer said among the conditions given for the fugitives included depositing their travel documents with the court, provide evidence of their means of income and livelihood.
He said the magistrate ordered the fugitive be released on a bond of Sh5 million each with sureties after satisfying the court that they are Kenyans upon producing their identity cards and directed them to report to the investigations officer every Friday at 10am.
Ombetta said in the application for revision, the DPP asked the court to set aside the bail or have it varied.
"It is evident that the State was aggrieved by the grant of bail to the fugitives and therefore sought to have it cancelled" said Ombeta.
He said the application was heard by Justice Odero who delivered her ruling on December 2014 in which she declined to deny the fugitives bond and upheld the magistrate's ruling.
The Akasha sons have also hired American lawyer Daniel Arshack.
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