Nairobi Star (Nairobi)
Maureen Mudi
12 April 2011
The Court of Appeal has accepted an application by the Attorney General to have nine suspected pirates detained pending an appeal challenging a high court ruling.
Court of Appeal judges Samuel Bosire, Emmanuel Okubasu and Joseph Nyamu sitting in Nairobi also gave the AG 21 days from the date he is supplied with copies of the proceedings, ruling and a certificate of delay, to file the record of appeal.
Mombasa judge Mohammed Ibrahim had in November last year issued a landmark ruling stating that the Kenyan courts have no jurisdiction to try piracy cases.He directed that the suspects be released from the Shimo La Tewa prison.
But assistant public prosecutor Jacob Nyakundi moved to the court seeking for a stay of the execution of the orders by Ibrahim, pending the filing, hearing and determination of an appeal challenging the ruling.
Justice Ibrahim directed that the nine piracy suspects be remanded at the civil jail and be accorded all the rights and facilities given to people in that group.”I still consider the Somali men as free men since I have declared them as such and that means they should not be treated as prisoners,”he said.
The piracy suspects had been arrested on March 3, last year and charged with attacking MV Courier, while armed with AK47 rifles, and other weapons.
The court of appeal judges yesterday stopped proceedings in the piracy case which led to the ruling. Justice Ibrahim’s ruling has caused confusion in the judicial system and halted most piracy cases at the courts.
In the appeal, the AG argues that Justice Ibrahim’s ruling, which has caused ripples amongst party states committed in the piracy fight, was conflicting with another issued by another judge, Festus Azangalala.
Justice Azangalala had ruled that Kenyan courts have jurisdiction to try post-election cases. The court of appeal judges directed that the appeal be listed for hearing on priority basis.
AllAfrica – All the Time