The two sons of slain drug baron Ibrahim Akasha and two foreigners got a reprieve Tuesday after the High Court in Mombasa reviewed their bond terms from Sh30 million to Sh5 million.
Justice Dorah Chepkwony said the court had discretion to alter any orders given by another High Court.
“It is legal by the authority of the Constitution and status as shown here in that the court has powers to intervene and discharge its own orders or vary them to meet the ends of justice in conformity with the bill of right,” she said.
The suspects, Baktash Akasha, Ibrahim Akasha, Vijay Goswami and Gulam Hussein are wanted in the United States over drug related offences.
In reversing the Sh30 million bond terms earlier given by Justice Martin Muya, Justice Chepkwony agreed with the applicants that circumstances had changed from the time they had been granted bail.
“Circumstances have changed that warrant change of bail condition earlier granted to the applicants, I therefore order that Sh5 million bail with two sureties granted by Chief Magistrate Maxwell Gicheru be restored.” she added.
Justice Chepkwony further set aside orders restricting the applicants’ movement within Mombasa County only and allowed them free movement within the country subject to informing the County Criminal Investigations Officer (CCIO).
Senior Assistant Director of Public Prosecutions (DPP) Alexander Muteti asked to be supplied with certified copies of the ruling and proceedings of the case.
The respondents had moved to the High Court to seek a review of the bond terms.
Through their lawyers Cliff Ombeta, Kirathe Wandugi, George Wajackoyah and Leila Latif, the Akashas had argued that the Sh30 million bond terms imposed by the judge was harsh and oppressive and needed to be reviewed.
Mr Muteti had opposed the suspects’ application to have their bond terms reassessed, arguing such request can be made at the Court of Appeal.