American charged over Sh8m cocaine

October 13, 2008 12:00 am

, NAIROBI, October 13 – An American man was on Monday afternoon charged before a Kibera Court with trafficking cocaine worth about Sh8 million.

Timy Hakim who was arrested on Sunday at Jomo Kenyatta International Airport (JKIA) as he was boarding a plane heading for Italy appeared before Kibera Chief Magistrate, Maureen Odera and denied trafficking in 1.9 kilograms of cocaine.

His lawyer Cliff Ombetta applied for bail, but the prosecution objected claiming Mr Hakim might abscond. The court is set to rule on Thursday.

“My client was arrested at JKIA and has been charged this afternoon so as to beat the 24-hour deadline as required by law,” Mr Ombetta told capital News.

Evidence in Maina Njenga case

Elsewhere, the High Court on Monday ordered Nairobi Chief Magistrate, Gilbert Mutembei to produce exhibits used in convicting jailed Mungiki leader Maina Njenga two years ago for re-examination.

Justice Jackton Ojwang made the orders after Mr Njenga’s lawyer, Kibe Mungai, told the court that the trial magistrate failed to consider crucial elements in the exhibits presented before the court during trial.

Mr Mungai claimed that among the exhibits was a memorandum from a gun expert, which was not clear on the weapon allegedly found in Mr Njenga’s possession.

“The firearm was never produced in court, yet Mr Njenga was convicted. The duty of identifying the equipment produced in court was abdicated,” Mr Mungai said. “The memo did not describe the weapon as a firearm. It may have been a piece of metal.”

Justice Ojwang directed that the exhibits be brought before the court after a State Counsel said the State was not objected to the application.

Mr Njenga who is currently serving a five-year jail term was charged with illegally possessing a gun and narcotics in 2006 alongside his accomplice Kimani Ruo whose whereabouts remain unknown. The case will be heard on November 6.

Murder suspect freed

Meanwhile, the High court in Nairobi on Monday acquitted a man accused of murdering his daughter in October 2000.

Justice Onesmus Mutungi exonerated Orobi Ong’ondo Obare after his lawyer, Joel Mbaluka successfully objected to the case on constitutional grounds.

Mr Mbaluka submitted before the court that his client was illegally kept in custody for four months before being arraigned in court to face the charges.

Mr Obare allegedly murdered Winfred Mariah Orobi, a student at Kenyatta University, on October 21 in Kiambu West District of Central province.

Justice Mutungi in his ruling said the prosecution failed to explain the delay which amounted to a violation of the accused person’s fundamental rights.


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