Press Center | Freight Shipping Logistics News
Nov 10, 2010
General
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Prime Minister Raila Odinga has criticised Tuesday’s landmark court ruling that Kenya had no jurisdiction in piracy crimes that took place outside Kenya’s territorial waters.
Prime Minister Raila Odinga has criticised Tuesday’s landmark court ruling that Kenya had no jurisdiction in piracy crimes that took place outside Kenya’s territorial waters.
The PM said piracy on the shores of Somalia posed a danger to Kenya’s security and had made imports to Kenya expensive because shipping lines had increased their costs.
“As a result Kenya has a duty to help fight piracy,” he said.
On Tuesday, the High Court Judge Mohammed Ibrahim made the ruling in Mombasa and further prohibited any magistrate from dealing with piracy cases.
“The local courts can only deal with offences or criminal incidents that take place within the territorial jurisdiction of Kenya,” he said in the ruling.
However, the Attorney General has appealed against the ruling. As a result, Mr Ibrahim yesterday granted a stay against the ruling he delivered on Tuesday to enable the State Law Office to file its appeal.
He also directed that the nine suspected pirates, who he had freed unconditionally, be taken back to custody until Friday when he would deliver a ruling on whether or not to uphold the conservatory order until the appeal is determined.
Meanwhile, police have been barred from preferring fresh charges against 17 Somalis acquitted of piracy charges last week.
Charging the group with being in the country illegally, as intended by the police, would amount to a violation of the freed men’s rights, Mombasa chief magistrate Rosemelle Mutoka said on Wednesday.
Repatriate group
Ms Mutoka also directed the police and Immigration Department to repatriate the group to their war-ravaged homeland.
She made the orders after the 17 Somalis, through their lawyer, Mr Jared Magolo, made an application to the court to shield them from pleading to the charge.
“The accused persons, having been acquitted in a trial on a charge that caused their being brought from outside Kenya not by extradition or rendition, should be sent back to Somalia or the government regulates their presence in Kenya,” she said.
The PM said piracy on the shores of Somalia posed a danger to Kenya’s security and had made imports to Kenya expensive because shipping lines had increased their costs.
“As a result Kenya has a duty to help fight piracy,” he said.
On Tuesday, the High Court Judge Mohammed Ibrahim made the ruling in Mombasa and further prohibited any magistrate from dealing with piracy cases.
“The local courts can only deal with offences or criminal incidents that take place within the territorial jurisdiction of Kenya,” he said in the ruling.
However, the Attorney General has appealed against the ruling. As a result, Mr Ibrahim yesterday granted a stay against the ruling he delivered on Tuesday to enable the State Law Office to file its appeal.
He also directed that the nine suspected pirates, who he had freed unconditionally, be taken back to custody until Friday when he would deliver a ruling on whether or not to uphold the conservatory order until the appeal is determined.
Meanwhile, police have been barred from preferring fresh charges against 17 Somalis acquitted of piracy charges last week.
Charging the group with being in the country illegally, as intended by the police, would amount to a violation of the freed men’s rights, Mombasa chief magistrate Rosemelle Mutoka said on Wednesday.
Repatriate group
Ms Mutoka also directed the police and Immigration Department to repatriate the group to their war-ravaged homeland.
She made the orders after the 17 Somalis, through their lawyer, Mr Jared Magolo, made an application to the court to shield them from pleading to the charge.
“The accused persons, having been acquitted in a trial on a charge that caused their being brought from outside Kenya not by extradition or rendition, should be sent back to Somalia or the government regulates their presence in Kenya,” she said.
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