Philip Muyanga
1 July 2009
Nairobi — A magistrate's court in Mombasa has the jurisdiction to hear a piracy case against seven suspected Somali pirates.
State counsel Mr Vincent Monda told the court that the offence of piracy was provided for in the penal code under section 69.
Replying to an application to have the court terminate the case and discharge the accused made by defense counsel Mr Jared Magolo, he said under section 69 (1) of the penal code allows the prosecution of individuals involved in piracy within territorial waters or upon the high seas.
He said United Nations convection of 1982 on laws of sea amplifies the provisions of section 69 of the penal code.
Mr Monda said the issue of jurisdiction of the courts to handle cases of piracy came to the limelight when the first ever piracy case in the country was brought before court.
"The senior principal magistrate at the time found she had jurisdiction to hear the case,"Mr Monda told the court.
The state counsel also noted the decision of the High Court in Mombasa in dismissing an appeal lodged by 10 suspected pirates convicted and sentenced to serve period of seven years in jail.
He said by the virtue of the appeal being dismissed, the High Court conferred powers to the lower courts to try piracy cases.
"The decision of the High Court is binding. It set a precedent," said Mr Monda adding that it is the same court that can review its decision or the court of appeal.
He noted that if the penal code was silent on the matter the court could still have been guided by the UN convention of 1982 on laws of sea.
On his part Mr Magolo told the court that High Court decision does not concern the matter in question.
He told the court the court the UN convention of 1982 was not relevant to the proceedings before court.
Ms Mwangi will give her ruling on July 9.
The accused persons allegedly on March 29 this year at about 12 noon upon the high seas of the Indian Ocean, jointly being armed with five AK 47 rifles, one RPG,an SAR80 rifle, two pistols and a knife attacked a German navy supply ship Spessart.
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