Mombasa: The two sons of Mombasa slain drug baron Ibrahim Akasha Abdalla and their two accomplices were Monday freed on Sh30 million bond each and two Kenyan sureties.
Baktash Akasha, Ibrahim Akasha, Vijay Goswami and Gulam Hussein, who have been in custody since November 11, last year, were freed despite attempts by Director of Public Prosecutions (DPP) seeking to stop their release on bond during a case seeking to extradite them to the Us.
High Court Judge Justice Martin Muya judge set aside the State's objections but imposed harsher bond conditions than those ordered by a magistrate's court that first freed them late last year.
Stiff conditions
"Following the nature and gravity of the offence, I find that it warrants stiff conditions. I therefore enhance the bond to Sh30 million and two sureties of similar amount from Sh5 million. They will report to the police three times a week and will comply with other conditions given by the lower court," said Justice Muya.
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A judge set them free last evening saying although they face grave drug trafficking charges in the US, they were entitled to bond and imposed stringent conditions.
Their extradition case will start on Monday, February 16.
Prosecutor Alex Muteti said the State will appeal against Monday's ruling by the High Court.
"We intend to appeal against the ruling and we are asking for the certified proceedings," said Muteti, the assistant Director of Public Prosecutions.
A court in New York has indicted the suspects on conspiracy charges, alleging they planned to export narcotics to the US, an offence punishable by life imprisonment.
Justice Muya set the four suspects free following a spirited battle by defense lawyers Cliff Ombeta, Kirathe Wandugi, Wamuti Ndegwa and Samuel Odhiambo Oguk. The suspects are not allowed to leave Mombasa County without the permission of the court.
The suspects were first freed on bond on Sh5 million each with a similar surety and conditions to report to police every Thursday by chief magistrate Maxwell Gicheru on December 1, last year, but the State obtained an order on the same day suspending their release and applied for a revision after a week before Justice Maureen Odero who rejected the application and ordered the DPP to appeal the magistrate's order instead.
In the appeal, the DPP wanted the suspects to remain in police custody during extradition proceedings arguing they could easily flee because they were facing grave charges that attract a life sentence in the US.
Suspects pray
The four who have been held at Port Police were seen praying in the dock immediately the judge pronounced his ruling.
He ordered the file to be taken back to the lower court for the extradition proceedings to begin next Monday.
When the suspects first appeared before magistrate Gicheru on November 11, Muteti successfully applied for their detention for 21 days to enable police to process a red notice for their arrest by Interpol.
After the 21 days, the magistrate rejected a bail application saying they could not be set free due to the gravity of the crimes they were facing. But he freed them when the defence renewed an application for bail citing the suspects' ill-health.
Monday, the judge said after a careful consideration of the DPP appeal, he found it unreasonable to go against his fellow judge who had found that the magistrate made the correct decision.
