The Director of Public Prosecution is opposing the release of a Mombasa businessman on bail pending his extradition over drugs and wildlife offences.
Milimani Law Court Chief Magistrate Martha Mutuku will deliver the ruling on 15th October on whether to grant him bail or detain him pending his extradition.
Prosecutor Catherine Mwaniki told the court that the respondent, Mansur Mohamed Surur alias Mansour is at flight risk now that he knows the weight of the charges against him and has been served with extradition documents.
The court heard that Mansour was arrested on 29th August, charged at Jomo Kenyatta International Airport court and released on bail pending extradition.
“His release was also conditional but the terms were to expire upon filing of the requisite document,” the prosecutor told the court.
Mwaniki added that the accused had travelled outside the jurisdiction of Kenya to Yemen through South Sudan and Republic of Sudan knowing there was a Red Alert against him.
Mansour’s lawyer objected to the application to deny his client bail on grounds that no compelling evidence was adduced that the accused left the jurisdiction of Kenya with knowledge of the red alert.
The lawyer added that Mansour is not at flight risk since he voluntarily came back from Yemen and had a fixed abode in Mombasa where his family currently lives.
Further, the court heard that the accused has abided by the terms given by JKIA court, one of them being presenting himself at the offices of the Directorate of Criminal Investigations voluntarily.
He also said that his client had deposited all his travel documents in court and requested the court to release him on reasonable bail terms.
According to the affidavit by inspector Alibashir Olow of the Anti-Narcotics unit, Mansour is to be extradited to the United States of America to face charges whose punishments are severe if found guilty and therefore there is high probability and incentive for him to abscond if released on bond or bail.
He will face charges of conspiracy to commit wildlife trafficking, wildlife trafficking, conspiracy to commit money laundering and conspiracy to distribute and possess with the intent to distribute a controlled substance which carries a maximum penalty of life imprisonment.
The court was also told that Mansur co-conspirator Badru Abdul Aziz Saleh alias Badro is still at large after DPP received an extradition request from the office of the Attorney General having been transmitted through the diplomatic channel from the United state seeking his arrest and surrender.
Saleh was arrested on 11th June and was arraigned before JKIA court under a miscellaneous application and released on bail since his extradition request documents had also not been availed.
He was later issued with a P52 notice to compel or be reporting to the DCI offices pending the receipt of extradition request from USA and from the month of January 2020, he has not availed himself and is still at large.
“Noting the conduct of Saleh being persons wanted by the US District Court for the Southern District of New York for the above offence there is a high possibility of the accused absconding just like his co-conspirator,” the inspector added.
The court further heard that Mansour left Kenya through our porous borders and arrived arrived in South Sudan on 28th July 2019, then went to the Republic of Sudan on 31st July 2019 and finally to Yemen on 3rd August 2019, all through evading countries where the red notice alert would have detected his presence as seen on his passport travel history.
However, on 24th July 2020, the Ministry of Foreign Affairs informed the Permanent Secretary state department of transport of the aircraft that was to repatriate Yemen nationals and Kenyan residents to and from Yemen during Covid 19 travel restrictions. It is alleged that Skyward Express Limited then offered the chartered flight and it was confirmed that Mansour was on the said aircraft and personally paid for his air ticket being USD 600.
The court further heard that detectives found him in possession of a Yemen national Identity Card and its authenticity is still under investigation.