Akashas want US officers to testify in court

Baktash Akasha and his brother Ibrahim Akasha in court. (Photo: Gideon Maundu/Standard)

Two sons of slain drug baron Ibrahim Akasha want a US prosecutor to testify in a case in which they are fighting extradition to America.

Their lawyers have applied to have Southern New York Director of Prosecution Micheal Lockard and investigative officer, Micheal Kellow, to appear in court in person to give their evidence.

In November 2014, a judge in New York indicted Baktash Akasha, his brother Ibrahim Akasha, Indian national Vijaygiri Goswami and Gulam Hussein of Pakistani alleging there was evidence linking them to importing narcotics to the USA.

The four have been battling extradition since then and are out on bond. Last year, the Prosecution applied to testify on behalf of the Americans to bolster its extradition argument.

Wednesday, lawyers Cliff Ombeta and Kiraithe Wandugi filed a replying affidavit opposing the Prosecution's bid to use affidavits sworn by Mr Lockard and Mr Kelow in their absence.

Last year, Director of Public Prosecutions Keriako Tobiko applied to have two witnesses from the US excluded from testifying in the case.

Senior Assistant DPP Alexander Muteti said the prosecution will rely on the affidavits of Lockard and Kellow and had no intentions of calling them for cross-examination.

This was after Chief Magistrate Julius Nang'ea issued summons to have the two US officials appear for cross-examination in the heroin trafficking case.

The US government has, however, declined to honour the court order. Lockard and Kelow had sworn an affidavit implicating the four suspects to drug trafficking.

The defence lawyers want the US officials to testify and shed light on a recorded statement touching on the extradition of the four.

The four were arrested by Kenyan and US detectives at the Akasha's Nyali home on November 10, 2014 on the strength of an arrest warrant issued by the New York court.

According to the Southern District Court in New York, an indictment issued by US Judge Gabriel Gorenstein on October 28, 2014 and delivered to Kenyan authorities through the US Embassy in Nairobi on November 10, 2014 the four "are wanted to stand trial in the US District Court".

"The court hereby issues summons for the US officers to appear for a cross examination by defence lawyers," ordered Nange'a.