Nairobi — Ten suspected Somali pirates being held in Kenya could be charged in India, at the US navy base at Guatanamo Bay, Cuba, or in Kenya.

US ambassador William Bellamy said yesterday they could be charged in Kenya because, he argued, it is nearest to where they were arrested.

They could also be taken to India because, the envoy said, the ship they are said to have attacked belongs to the country, and Guatanamo Bay because they were seized by US forces.

"It would be in order to charge them in any of the three countries," he said after visiting Mombasa mayor Taib Ali Taib.

But he said Kenya was best placed to deal with the case because, he argued, it had been under a piracy threat for some time.

At the same time, he said the US and Kenya were working together to fight piracy in the Indian Ocean.

On Tuesday, the director of public prosecutions, Mr Keriako Tobiko, suggested that the suspects be charged in Kenya, arguing that the courts could apply the Penal Code, Section 69, to do so.

The Somalis, who were arrested after allegedly hijacking a ship, were expected to appear before a Mombasa court yesterday, but this did not happen.

Their appearance, sources said, was delayed because the investigators had not submitted the weapons they were said to have been found with.

They had been sent to ballistic experts in the US to establish their origin and history.

The suspects were airlifted to Mombasa by two US military helicopters on Sunday after the hijack of mv Safinaal-Bisarat with 16 crew.

"Piracy is a universal crime that attracts similar penalties, and this one is not an exception," Mr Bellamy said.

"However, this is a matter that is yet to be decided."

Mr Bellamy also disclosed that the vessel was not seaworthy and there were plans to take it to the nearest port for safety when it was commandeered.

He said rescue was as a result of a distress call that attracted the US Navy patrolling the Indian Ocean.