Two charged over Sh1.3bn heroin

Mr Khalid Mohamed (left) and Mr Mohamed Osman in a Mombasa court on August 18, 2014 when they were charged with transporting heroin worth Sh1.3 billion. They denied the charges. PHOTO | KEVIN ODIT |

What you need to know:

  • Their case will be mentioned on Friday when the court will issue a ruling on whether they will be released on bond.
  • Defence lawyer Cliff Ombeta had argued that no evidence had been presented to show that investigations were being conducted outside Kenya.

Two more people have been charged with trafficking heroin valued at Sh1.3 billion that was found in a cargo ship seized by security forces recently.

Mr Khalid Agil Mohamed and Mr Mohamed Osman Ahmed appeared before Mombasa Chief Magistrate Maxwell Gicheru on Monday and denied the charges.

Jointly with others who have already been charged, they trafficked the heroin by conveying it in the cargo ship known as Amin Darya or Al Noor, 377.224 kilogrammes, 33,200 litres of liquid and 2,400 litres of diesel of heroin, according to the charges.

The offence is alleged to have been committed between July 2 and 18 at the Mombasa Port, Kilindini Berth Number 8, in Mombasa County.

RELEASED ON BOND

The two are Kenyans. Their case will be mentioned on Friday when the court will issue a ruling on whether they will be released on bond.

Nine Pakistanis and Indians — Yousuf Yaqoob, Yakoob Ibrahim, Saleem Muhammad, Bhatti Abdul Ghafour, Baksh Moula, Prabhakara Nair, Pak Abdolghaffer, Vikar and Muhammed Saleh — face similar charges relating to the same drug haul.

The hearing of their case is scheduled for November 7, but the court on Monday declined to release them on bond.

“The court is concerned whether if the accused are released they will come for trial,” said Mr Gicheru.

Every person has a right to be released on bond unless there are compelling reasons but the nine suspects, being foreigners, could jump bail, the magistrate said.

“I find there is good reason why the accused should not be released on bond.”

Mr Gicheru said the court would change its position if investigators exonerate them. He promised to conclude the trial “as soon as possible”.

He noted that the charge of trafficking heroin and that the suspects were not Kenyan were not in dispute.

Defence lawyer Cliff Ombeta, in seeking to have the accused persons released, had argued that no evidence had been presented to show that investigations were being conducted outside Kenya.

However, the prosecution told the court that the accused were foreigners without homes in Kenya and that investigations were not complete.

Mr Ombeta had also applied to have the vessel released to its owners. He told the court that the cement cargo in the ship may be destroyed as the vessel was leaking.

“We are of the opinion the vessel can be photographed so that it can be released to the owners,” he said.

Principal prosecuting counsel Peter Kiprop opposed the request. He told the court that since the case was narcotic-related, the vessel was subject to forfeiture to the State.

He said the defence could pursue the application later.

The court directed Mr Ombeta to file a formal application for the release of the vessel.