Kenya accused of delaying piracy trials

Adopted from the Daily Nation

A Kenyan magistrate has accused the State of dragging an appeal on whether Kenya can try piracy suspects.

This had made it difficult for lower courts to expedite trials and address the concerns of suspects, Mombasa chief magistrate Rosemelle Mutoka said.

As a result, many cases have been adjourned indefinitely, awaiting the verdict of the Court of Appeal on the High Court ruling that the country does not have jurisdiction to try suspected Somali pirates.

Mr Justice Mohamed Ibrahim ruled last year that magistrates had no jurisdiction to try suspected Somali pirates charged under Section 69 (1) of the Penal Code.

By the time the ruling was made, there were seven cases involving 57 Somalis at different levels of trial.

Several others had been dispensed with, a dozen suspects found guilty and jailed.

Ms Mutoka said the seven cases had been stopped indefinitely following the appeal.

The magistrate asked why the State was not acting with the same zeal it applied to some cases that came from the magistrates’ courts to the High Court for revision.