Kenya - Piracy cases have stalled at the Mombasa courts following a ruling by the high court last year that Kenyan courts do not have jurisdiction to try suspected pirates. Yesterday, senior resident magistrate Karimi Mwangi ruled that no case can commence until the court of appeal determines an application by the Attorney General challenging the high court's ruling. Mwangi, who was handling a case in which 11 Somalis are facing piracy charges, said if she made a ruling, "it may be an act in futility" since the same will be determined at the highest court. Parties agreed that the case be mentioned on April 11 to await the court of appeal's ruling expected on March 28.

The borne of contention is in the application of the Penal Code which was repealed but most of the piracy suspects were charged under the law, and the Merchant Shipping Act, which came into force after the promulgation of the new constitution.

The 11 suspected pirates, accused of attacking MV Novise, in May 2009, have asked the court through their lawyer Francis Kadima, to summon the Somali ambassador and two other senior officials as witnesses in the case.

The suspects also want to be released on bail, saying the Somali ambassador can attest the fact that they are Somalis and law abiding citizens.

In another related matter, chief magistrate Rosemelle Mutoka deferred a ruling over whether to refer a piracy matter to the high court, saying she needed more time to go through a ruling issued in another court.

Maureen Mudi

Nairobi Star/10/03/2011