Director of Public Prosecutions Noordin Haji says investigators are examining evidence from the United States over judges alleged to have taken bribes in the Akasha extradition case, with arrests and prosecutions now under consideration.
Speaking on Citizen TV, Haji said the material submitted by US authorities had strengthened his view that corruption touched the Judiciary. He said the revelations made in a New York court had vindicated his earlier claims and suggested that judicial officers involved would soon be identified.
The allegations stem from testimony by Baktash Akasha and Ibrahim Akasha, who last month said under oath that they offered millions of shillings to judicial officers and police in an effort to stop their extradition to the United States on drug-related charges. That testimony prompted US authorities to seek the arrest and extradition of judges, police officers and some lawyers on accusations of obstructing justice.
The US Department of Justice is also reported to be investigating a Cabinet secretary, a governor, a senior lawyer, a prosecutor, a senior detective, two judges and two magistrates over claims that they received bribes from the Akashas. A local judicial source described those under scrutiny as the “most culpable” protectors of the family.
Lawyer Cliff Ombeta, who represented the Akasha brothers, denied taking any bribes and said he had not been summoned by the DCI or the FBI. He also accused the DPP of reading mischief into the FBI inquiry and said the US authorities broke the law by extraditing his clients to face drug-trafficking charges.
Ombeta further argued that the US Department of Justice had no mandate to investigate or extradite Kenyan citizens who had not first been tried in Kenya for drug-related offences. He blamed the DPP and police for, in his words, surrendering the country’s sovereignty to the Americans.
The extradition battle itself has already moved through several court turns. The sons of slain drug baron Ibrahim Akasha, together with two foreigners, were first brought before court on November 10, 2014, when the State began formal extradition proceedings.
On November 13, 2014, then Mombasa chief magistrate Maxwell Gicheru allowed the DPP’s request to hold the suspects for 17 days while extradition papers were prepared. He also issued provisional arrest warrants against Baktash Akasha Abdalla, Vijaygiri Anandgiri, Ibrahim Akasha Abdalla and Gulam Hussein on conspiracy to import narcotics charges.
Senior Assistant DPP Alexander Muteti told the court there were enough grounds for the warrants while the original US documents were awaited. Mr Ombeta opposed the application on behalf of the four suspects.
Later, on November 19, 2014, the Akashas sought bond, citing health concerns among other reasons. The application was opposed by Muteti.
On December 1, 2014, Gicheru granted Baktash Akasha, Ibrahim Akasha, Gulam Hussein and Anandgiri Sh5 million bond each, with two Kenyan sureties of the same amount, pending the extradition hearing. The DPP immediately returned to court seeking a review before High Court Judge Edward Muriithi, who issued a limited stay of the release orders.
The review later went before Justice Maureen Odero in the High Court’s criminal division. So far, there is no public evidence in the record that any judicial officer involved in the extradition proceedings acted improperly while carrying out their duties.
