The wife of slain drug baron Akasha Abdalla wants to be enjoined in a case filed by her co-wife and daughter-in-law seeking to have property seized during a raid on their Nyali home in November 2014 released.
Mrs Hayat Akasha, who wants to be enjoined as an interested party, says an affidavit filed in court by a police officer touches on family property.
According to Mrs Akasha, the affidavit annexes a letter from the Directorate of Criminal Investigations (DCI) and lists property that does not belong to Baktash Akasha and his brother Ibrahim.
Baktash and Ibrahim are serving 25 and 23-year prison sentences for drug-related offences in the US respectively.
“Akasha was never convicted of any crime under the Narcotic Drugs and Psychotropic Substances Control Act in Kenya, the US or anywhere else,” the application states.
Mrs Akasha says the property listed for possible forfeiture was not used in the case as surety.
“Baktash illegally transferred some property to his name. Several letters have been written to the Director of Public Prosecutions (DPP) and other government offices complaining of the transfer,” the application adds.
Mrs Akasha also argues that there has been no succession for her husband’s property and so Baktash cannot transfer it to his name.
According to Mrs Akasha, her husband legally and lawfully acquired his property while working in the Netherlands years before his sons were accused of narcotic drug crimes.
“My family is yet to file for probate or succession cause in courts and therefore I seek to be enjoined in this case to protect my husband’s property,” she says.
In their petition, Ms Najma Juma and her mother-in-law Fatma Akasha – the wife and mother of Baktash, respectively – want the court to declare that the continued holding of the property is in breach of their rights.
They have sued the DPP, the Inspector-General of Police, the DCI, the Anti-Narcotics Unit, Coast Regional Police chief and Coast Regional Criminal Investigations Officer.
The property they want released are two vehicles, a mobile phone, a pistol, vehicle log books, seven gold chains, seven gold earrings and a hand chain with coins.
The petitioners also want the court to declare that the property does not constitute part of the extradition proceedings as per the applications filed and submissions made.
Extradition proceedings had been filed by the DPP against Baktash, Ibrahim, Gulam Hussein and Vijaygiri Goswami.
The petitioners say they were not party to the extradition proceedings and that property belonging to them is being held in violation of their rights.
“The continued detention of the property under the pretext of extradition proceedings is untenable and illegal,” they argue.
They add that they have on several occasions demanded the release of the property but the respondents maintain that it is being held as exhibit.
Justice Ogola directed Mrs Akasha to serve her application to the parties involved in the case for it to be heard on June 22.