Kenya to rely on colonial treaty to extradite Akashas

Gulam Hussein, Baktash Akasha and Ibrahim Akasha before Mombasa Chief Magistrate Julius Neng’ea during the extradition proceedings on Thursday. The case went on despite Vijaygiri Goswami, another suspect in the case, being allowed to go for treatment. (PHOTO: KELVIN KARANI/ STANDARD)

The Director of Public Prosecutions (DPP) has said Kenya is relying on a colonial-era agreement between the United Kingdom and the US to extradite the Akasha bothers, an Indian and a Pakistani to New York to face drug trafficking charges.

The treaty was signed between the British and Americans in 1931 and the DPP argues that it is binding on Kenya, which was a colony of Britain then.

But the defence has denounced the treaty as redundant and non-binding on independent Kenya. The defence lawyers also argue that the colonial treaty lapsed after independence and Kenya has not sought any such agreement with USA since 1963.

Baktash Akasha, his brother Ibrahim Akasha, convicted Indian felon Vijaygiri Goswami and Pakistani Gulam Hussein were arrested by Kenyan and US detectives at the Akasha’s Nyali home on November 10, 2014, following a warrant of arrest issued by a New York judge.

They have been indicted on drug trafficking charges and are accused of plotting to import 96kg of heroin and other narcotics. The indictment states that US detectives lured the suspects into a trap by posing as drug customers from South America during a sting operation in Nyali.

Baktash’s and Ibrahim’s father Akasha Abdalla Ibrahim was killed in Amsterdam, Netherlands, about 20 years ago, and his death has been linked to his international drug deals.

The extradition proceedings against the Akashas have dragged on in Kenyan courts since 2014, with the defence arguing that besides lack of jurisdiction to entertain the extradition request, Kenya and the US have no agreement on exchange of criminal suspects.

The defence has also argued that Kenyan courts are capable of trying the crimes the suspects are accused of.

Yesterday, Senior Assistant Director of Public Prosecutions Alex Muteti asked Mombasa Chief Magistrate Julius Nang’ea to allow extradition proceedings against the Akasha brothers to proceed because there is a law governing that.

“This court has the jurisdiction to entertain this matter since the offence they have been indicted for in the US was partly committed in US and Kenya,” Muteti said.

Muteti said evidence and competence of the issues raised by the defence can be canvased in US. He explained that the US and Britain signed an extradition treaty in December 1931, which Kenya adopted after independence and that is why the courts have the jurisdiction to proceed.

“The treaty in question was also revisited in 1965 after Kenya became independent and since nothing has changed, the suspects should face the proceedings without fail,” Muteti said.

Nang’ea ordered the proceedings to continue after observing that the case had taken too long.