Court orders Mombasa politician in Sh1.3bn heroin case to provide new security

Maur Bwanamaka

Mombasa politician Maur Bwanamaka during a past court session.

Photo credit: File | Nation Media Group

Mombasa politician Maur Bwanamaka, who is being prosecuted for trafficking heroin worth Sh1.3 billion, has been directed to produce new security.

The directive was issued after the family of the first surety, who is now deceased, stormed the court demanding the release of the title deed for the property to facilitate distribution of the deceased’s estate.

Chief Magistrate Edna Nyaloti has advised the politician to produce new security should he want to continue enjoying his freedom pending determination of the criminal case.

The family of the deceased had stormed the court asking the magistrate to release the title for the property valued at more than Sh10 million as it is part of the estate that the family wants to be distributed.

Through State counsel Edgar Mulamula, the family argued that the agreement for using the title document was between the deceased and Mr Bwanamaka and now that he is no more, the agreement becomes null and void.

Mr Bwanamaka is jointly accused with others not before the court of trafficking by conveying in the cargo deck of ship Amin Darya, also known as Al Noor, 377.2 kilograms of granular heroin, 33,200 litres of liquid heroin and 2,400 litres of diesel mixed with heroin.

The State says that suspects committed the offence between July 2 and 18, 2014 at the Kilindini port berth number 8 in Mombasa County.

The drugs were seized at a time President Uhuru Kenyatta had declared war on drug trade.

The case has dragged in court for six years now.

The delay has been caused by several applications by the suspects, which has affected the quick disposal of the matter.

Mr Bwanamaka had filed a High Court case challenging his prosecution after the trial court ruled that he and his co-accused had a case to answer.

This case was, however, dismissed. Before putting them on their defence, the court took evidence from more than 30 witnesses that the prosecution had lined up to prove its case.

Mr Bwanamaka has insisted he is innocent.

He says that he ought not to have been put on his defence because there was no evidence linking him to the narcotics or even the vessel.

Mr Bwanamaka has claimed that at the time the vessel was intercepted in the high seas, he was not around the crime scene.