The government wants the case of the Akasha brothers’ extradition to the US over drugs trafficking settled and a precedent set.
State counsel Berly Marinda told the High Court in Mombasa they will consulting DPP Noordin Hajj on how to handle the matter.
The state filed the case in 2017 seeking to have the High Court overturn a lower court’s decision stopping the extradition of the accused persons.
Abdalla Akasha and his younger brother Ibrahim were whisked away to the US where they were found guilty of drugs trafficking. They will be sentenced on March 15.
“We seek 14 days to consult with DPP on how to pursue the matter. Its ruling will set a precedent for similar cases,” Marinda said.
The state’s application came after the Akasha brothers and their accomplices sought to have the matter withdrawn, saying it had been overtaken by the events.They are waiting for sentencing in the US on March 15.
Judge Mwangi questioned the interest of the DPP in the matter as the persons sought are no longer in the country.
“Why should the DPP pursue this matter yet the persons were already taken away and their matter is near conclusion?” she said.
Mwangi said the Akashas were awaiting sentencing and the DPP should have strong reasons why the matter should not be dismissed.
Abdalla and his younger brother Ibrahim were charged in Kenya alongside Indian Vijaygiri Goswami and Pakistani Gulam Hussein with drug trafficking among other offences.
A court issued orders stopping their extradition to the US but the state petitioned the High Court to have the accused extradited to face drug charges
The extradition has dragged for years.In 2017, the accused were forcefully extradited to the US with the help of Kenya’s anti-narcotics officials. Last year, the Akasha brothers confessed to drugs trafficking, conspiracy to defeat extradition and conspiracy to use guns.