The state has suffered a second setback
in the extradition case of two sons of
slain drug baron Ibrahim Akasha and
two foreigners to the US.
A chief magistrate’s court in Mombasa
has ruled that the state has to produce
live witnesses, which the Office of the
Director of Public Prosecutions is reluctant
to do.
Assistant DPP Alexander Muteti told
the court on two occasions they will not
need live witnesses. He said he closed
his case and will not call live witnesses.
Baktash Akasha, Ibrahim Akasha,
Gulam Hussein and Vijaygiri Goswami
are wanted in the US for drug trafficking.
Chief magistrate Julius Nang’ea said
the proceedings will not continue without
the eight witnesses mentioned in
the affidavits produced by United States
prosecutors.
On December 1, Muteti told the court
they will use an affidavit sworn by officers
from the US. Defence lawyers Cliff
Ombeta and Kirathe Wandugi had made
an application for the state to produce
all the witnesses who had sworn the
affidavit.
Among those who will be cross-examined
are American chief investigator
Michael Lockhard, a prosecutor in the
New York court Mathew Kellow and six
confidential sources.
In November 2014, warrants of arrest
were issued by a US court for the four
over a drug trafficking case. They are
required to answer a narcotics importation
conspiracy charge.
The four were arrested by anti-narcotics
police officers at the Akashashome in Nyali.
Copies of the arrest warrants in the
Southern District of New York were
attached to an application by Muteti.
Ombeta said since the DPP has already
closed their case, it will be their chance
to cross-examine the witnesses.
