Philip Muyanga
1 July 2009
Nairobi — A magistrate's court in Mombasa has the authority to hear a piracy case against seven Somalis suspected of being pirates, a lawyer has said.
State counsel Vincent Monda was on Wednesday responding to the application by the defence to have the court terminate the case and discharge the accused.
He said the Penal Code, under section 69 (1), allowed the prosecution of those involved in piracy within territorial waters or on the high seas.
Mr Monda said the issue of jurisdiction of the courts to handle cases of piracy came into the limelight when the first ever piracy case in the country was taken to court.
"The senior principal magistrate at the time found she had jurisdiction to hear the case."
The State counsel also referred to the High Court's dismissal of an appeal lodged by 10 pirates who had been jailed for seven years. Chief magistrate Catherine Mwangi will give her ruling on July 9.
The accused are said to have attacked German navy supply ship Spessart on March 29.
Separately, a magistrate's court in Mombasa has ordered that seven Somalis accused of piracy be allowed to communicate with their relatives.
Senior resident magistrate Timothy Gesora ordered that the contact take place in the presence of the investigations officer and an interpreter provided by the State.
Communication will be limited to notifying their relatives on their condition and arranging legal representation. The seven are accused of attacking mv Polaris on February 11 in the Indian Ocean.
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