Achoki's transfer will hamper drugs war, says Muslim council

A Muslim organisation has warned that transferring Mombasa county commissioner Evans Achoki will be counterproductive in the war on drugs.

The Kenya Muslim National Advisory Council yesterday said the problem is more with the Judiciary than with the security apparatus in the region.

Kemnac chair Sheikh Juma Ngao told the Star yesterday that the courts frustrate efforts to fight drugs because suspects are released on bond or for "lack of sufficient evidence".

“This line has been used a lot in the courts to release suspects. It demoralises the police,” Ngao said.

Interior Cabinet Secretary Fred Matiang'i on August 11 announced a ruthless and painful exercise to clean the Coast of drugs.

"We will turn things upside down to unearth even those among security apparatus and highly placed state officials that have been shielding drug traffickers," Matiang'i said.

Lamu’s Kizingitini police station OCS Shadrack Mumo was arrested for allegedly releasing a drug baron and a drug consignment. Coast regional police commander Marcus Ocholla has been moved to the Rift Valley.

On Saturday, the Star reported the transfer of two senior officers Mombasa county police commander Johnstone Ipara and Achoki. Ipara has been moved to Uasin Gishu.

In the past, Muslim leaders and human rights group have accused the Judiciary of being the stumbling block in the war on drugs.

The Judiciary has, however, always defended itself saying they simply follow the law.

Sheikh Ngao’s warning comes a day after Chief Justice David Maraga called on judges to jealously guard the judicial independence which he said comes with a lot of responsibility.

“This must be accounted for at all times in terms of strict adherence to the rule of law, efficiency and effectiveness in delivering justice,” the CJ said at the annual judges’ colloquium at Whitesands Beach Hotel in Mombasa.

Maraga said judges must be open to feedback.

“When some concerns are expressed regarding inconsistencies in the granting of bail and bond, and in sentencing, for example, it is not always an attempt to question our exercise of discretion,” Maraga said.

“We must act in a manner that promotes public confidence in the integrity and impartiality of the Judiciary.”

Ngao said Achoki, Ipara, Ochola and regional coordinator Joshua Elungata may be sacrificial lambs because of the Judicial flaws.

He said transferring security officials and leaving judicial officers behind is doing no work because the trend will be the same. He called for the transfer of judges who have stayed at the Coast for more than a year.

“Otherwise, you will keep on transferring top security officers with no change on the ground,” Ngao said.

“I am not saying that all judges are corrupt. I'm saying some of them are and they could be spoiling the image of the whole Judiciary,” he said.

He said the Akasha case in the US has revealed a lot about the Kenyan judicial system.

The Akasha brothers, Baktash and Ibrahim, spilled the beans how the used to buy their freedom and protection by bribing security and judicial officers millions of shillings. 

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