President Uhuru Kenya’s move to destroy ship threatens Sh1 billion drugs case

MOMBAS, KENYA: A Mombasa court has criticised President Uhuru Kenyatta and the Kenya Defence Forces (KDF) for ordering unilateral destruction of a ship on which 370kg of heroin was found despite a court order. The court complained that the President’s action amounted to destruction of credible exhibits, which were to be used in court. Mombasa Chief Magistrate Maxwell Gacheru said there was a court order in place stopping the ship’s destruction adding that he is not sure if those who destroyed the ship complied with the law guiding such destruction. “The vessel’s destruction is a big blow to the rule of law in Kenya and it was wrong,” said Gacheru, who lamented that the court did not supervise the destruction. The magistrate and defence lawyers in the case that had been filed, complained that proper legal procedures were not followed in the operation. Tuesday, the prosecution and defence united in raising a complaint against the ship’s destruction which they said was a key exhibit. See also: It’s time firms exploited benefits of female leadership The defence described the destruction as theft of exhibits and demanded those responsible to be brought to the court but the magistrate said the case would proceed based on other exhibits. Meanwhile, the defence disclosed that it would seek acquittal of clients predicting the case could collapse for lack of a key exhibit and also because they would be unable to cross examine witnesses aboard the now non-existent ship. On Thursday, Gacheru ordered the immediate destruction of the drugs found on the unflagged MV Bushehr Amin Darya ship and said the vessel would be placed for auction or destruction if it was not claimed in 90 days. But addressing the Mombasa International Show, the same evening Uhuru declared that he would supervise the destruction of the drugs and sinking of the ship on Friday arguing that it was unnecessary to wait for the vessel’s owner to turn up but the declaration was seen by the courts as flouting a court order. Apparently conscious of the legal risk, Director of Public Prosecution Keriako Tobiko flew to Mombasa and rushed to High Court to review Gacheru’s orders and seek specific orders to destroy the ship - a prayer he was denied. Even as Tobiko was arguing at the High Court, the KDF and anti-narcotics police were dragging the ship and drugs out to sea for destruction.
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