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Two Kenyans are due to be sentenced in July in New York after they were convicted in October 2018 of drug trafficking. The men are the sons of Ibrahim Akasha, who is alleged to have built one of the biggest drug trafficking operations in East Africa. The Akashas were arrested in Kenya in November 2014. The charges against them included bribing Kenyan officials in an attempt to avoid extradition.
Speaking to ENACT on condition of anonymity, a law enforcement officer said the Akashas’ arrest followed a ‘controlled delivery investigation’. This allows for illicit consignments to be shipped, while being tracked by authorities. In an undercover investigation, law enforcement agents disguised as drug dealers collaborated with the Akashas to transport 99 kg of heroin and 2 kg of methamphetamine from Kenya to the US. Every stage of the operation was monitored and evidence collected. The Akashas delivered the consignment and expected to deliver hundreds of kilos more.
The officer expressed frustration about ‘influential under-hands’: powerful people who wanted to prevent the case from coming to trial and reaching a judgement in a Kenyan court, despite overwhelming evidence against the Akashas. After trying for three years to extradite them, the US government lost patience with the process. It sought to have the Akashas ‘expelled’ from Kenya before they bribed their way out of custody. Kenyan officials working with the US Drug Enforcement Administration (DEA) forcefully removed the suspects from Kenya, who were taken to the US in January 2017.
According to John Allan Namu of Nairobi-based independent media outlet, Africa Uncensored, the Akashas’ expulsion from Kenya did not conform to international extradition procedures. There was no clear explanation which international instruments or bilateral agreements had been used in the process. The Directorate of Criminal Investigations Kenya cited its close collaboration with both the UN Office on Drugs and Crime (UNODC) and DEA. But it is unclear when this collaboration started; or how long it took to build the case. Given the evidence presented in court, it is clear the investigation spanned several years.
The DEA says the US intends to pursue suspects in connection with the case ‘until their capture and sentencing’. It appears the Kenyan government is working with US authorities to investigate prominent Kenyans whom the Akashas may have mentioned during plea bargaining.
In December 2010, Internal Security Minister George Saitoti named six Kenyans involved in drug trafficking. They included four senior politicians mentioned in a US drug trafficking dossier handed to the Kenyan government. No proceedings were brought, amid counter-allegations of political interference. Almost all the people mentioned in the dossier have since moved to higher office. The dossier and the Akasha case are part of a wider pattern of Kenyan involvement in international drug trafficking.
In the meantime, it remains to be seen how their case will turn out; and whether prominent Kenyans linked to the case will be told to appear before the court as defendants or witnesses. What will that mean for the Kenyan war on drugs? This may inform the future of drug enforcement in Kenya. In May 2019, Kenya and the US agreed on a bilateral strategic dialogue framework. This dialogue will review progress in the implementation of agreed areas of cooperation. The success of joint investigations may have an impact on the US-Kenya bilateral relations; especially in addressing the international war against drug trafficking involving their citizens.
Mohamed Daghar, Researcher, ENACT project, ISS
