land mark ruling from High court in Mombasa ends long standing tussle over the jurisdiction of the courts to try SOMAli piracy cases
Kenya’s high court on Tuesday ruled to allow the subordinate or lower courts to try piracy cases to boost the fight against the vice which is rampant along the coastline of Somalia.
High court in Mombasa gave a land mark ruling, putting to rest the long standing tussle over the jurisdiction of the courts to try piracy cases, which have seen numerous cases at the magistrates’ courts, stall.
Tuesday’s ruling by Justice Jackton Ojwang also dismissed an application by four pirates who were objecting to their trial at the magistrate court.
He directed that the trial proceedings be conducted and concluded on the basis of priority.
The judge also said the chief magistrate should through the office of the principal judge, forward the ruling to all magistrates before who charges of piracy may be laid.
The suspects, Abdirahman Isse, Mohamed Osman, Feisal Abdi and Noor Ali Mohammed had moved to the high court after being charged with piracy before Senior Resident Magistrate Timothy Ole Tanchu.
Their charges, under the Merchant Shipping Act of 2009, stated that they on Sept. 20 last year, upon the high seas in the Indian Ocean, while armed with AK 47 rifles, a pistol, and RPG, attacked a fishing dhow, Sherry, and used violence against the crew.
The court heard that the suspects, who were jointly with others not in court, fired at the crew using the AK 47 rifle and a pistol and took control of the dhow, thus endangered the lives of the crew.
Their lawyer Jared Magolo who had argued on Feb.21 said that the trial court had no jurisdiction to entertain any matter brought under the Merchant Shipping Act, and that only the high court had jurisdiction.
He further wanted the suspects to be set free, adding that the criminal procedure code has a limited purpose and did not refer to the basic purpose of the jurisdiction of a magistrate’s court in respect to piracy cases.
But Senior State Counsel Alexander Muteti argued that the criminal procedure code was central in all criminal justice matters whether based on the penal code or other statutes.
"The criminal procedure code had provisions which showed that the jurisdiction of Kenya’s courts, in criminal matters, was not in all cases limited to the national land, and territorial waters, " Muteti ruled.
He further submitted that piracy in Kenya’s experience of criminal justice is not a special crime, such as murder, that merits trial before the high court exclusively and that piracy cases properly fall within the ambit of the magistrate’s courts act.
Mombasa Chief Magistrate Rosemelle Mutoka had forwarded the case to the high court for interpretation and directions over jurisdiction.
Justice Ojwang directed that the file be placed before the CM on June 7.
Source: Xinhua
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