Akashas linked to Sh1.3b heroin haul

Baktash Akasha at the Mombasa Court in Mombasa County during their second day in Court on Tuesday .  [Photo/Kelvin Karani/Standard]

Mombasa, Kenya: Mombasa Chief Magistrate Maxwell Gacheru has now paved the way for the extradition process of the two sons of slain drug baron Ibrahim Akasha and their alleged accomplices.

The magistrate rejected a defence application for bond and extended the suspects' detention for 17 days to enable the State argue its case for sending the suspects to the US where a provisional arrest warrant has been issued by a magistrate in New York.

Yesterday, it also emerged that the suspects have been linked to the drug-laden ship that was blown up on President Uhuru Kenyatta's orders two months ago.

Twelve suspects were charged with being in possession of 343kg of heroin worth Sh1.3 billion, found on the ship intercepted by Kenya Navy personnel off Somali waters three months ago.

The magistrate also rejected defence arguments that he had no powers to enforce the arrest warrant or that there was a conflict between Kenyan and US laws on the extradition matter.

Defence lawyers accused Kenya of caving in to US pressure and alleged there was a conspiracy to take the suspects to the US without due process.

The magistrate rejected an application by lawyer Gikandi Ngibuini who sought orders to bar Interior Cabinet Secretary Joseph ole Lenku from extraditing the suspects illegally but warned that he would punish any Kenyan official who did so severely.

COMPELLING REASONS

The magistrate gave the orders after the prosecution successfully applied for Baktash Akasha (pictured), his younger brother Ibrahim Akasha and Indian nationals Vijay Goswami and Gulam Hussein of Pakistan to remain in custody for 21 days as the police work out how they will be extradited.

Gacheru said the prosecution had given compelling reasons to extend the suspects' detention following an indictment on two drug trafficking charges. The suspects were indicted after a month-long investigation by the US Drug Enforcement Agency detectives posing as South African drug merchants.

In the indictment by US magistrate judge for the Southern District of New York, Gabriel Gorenstein, Baktash, 35, who is described as "the leader of an organised crime and drug trafficking network" and his brother Ibrahim "a chief lieutenant" in Baktash's alleged drug trafficking ring, has been linked to the drug-laden ship that was sunk in the Indian Ocean under President Kenyatta's supervision.

"I have the powers to issue a warrant of arrest. Compelling reasons have been shown by the prosecution for why they should not be released on bond," said the magistrate.

"Kenya has a duty to co-operate with other countries in the fight against international crimes, particularly those touching on drugs. The offence is very serious. There is no conflict between Kenya and US laws. They have not been charged with any offence and it is still provisional warrant of arrest," added Gacheru.

The magistrate allowed the prosecution's application to have the suspects detained for 21 days but said since they had already been in custody for four days, they would be in the police cell for another 17.

He ordered the case to be mentioned on December 21.