A judge is set to rule whether to proceed with a compensation suit filed against the Akashas in the absence of one of the sons- Baktash Akasha, who is being held in the US.
The matter, filed by Stojananovic Milan, a Serbian and Kenyan Jackson Ng’ang’a Waweru, could not proceed Tuesday as some parties sought an adjournment arguing that Baktash, one of the persons sued, should be brought back.
DELAY CASE
Through his lawyer Emmanuel Wetangula, Mr Waweru said the move was a tactic to delay the case which has been adjourned several times.
Mr Milan and Mr Waweru sued the late Ibrahim Akasha’s widow Hayat, sons Baktash and Nuri, a former police officer Boniface Ngatia, and the Attorney General for malicious prosecution and unlawful imprisonment.
In the court documents, the duo claimed that they were abducted by ten men at the junction of Nairobi’s Haile Selassie Avenue on November 12, 2004 while in a taxi to the city centre.
They were coming from Jomo Kenyatta International Airport and were later charged with murder of Kamaldin Akasha. Kamaldin was shot dead as he attended to customers at his Sam Sam petrol station in Mombasa on March 28, 2002.
FOUR YEARS
The two spent about four years in remand but were acquitted by Justice Nicholas Ombija in 2007. Mr Ombija stated that the evidence against the suspects was contradictory, worthless and discredited.
In the court papers, Mr Milan said he fell seriously ill while in remand and was admitted at Kenyatta National Hospital where he incurred a bill of Sh993,296.
They are seeking compensation from the Akasha family and the State for abduction and malicious prosecution.
They claim to have suffered pain and financial ruin due to the incarceration. Justice Sergon will give directions on May 29.