Nairobi — The prosecution has refuted claims by seven suspected Somalia pirates charged with piracy on Tuesday that they had not eaten for two days.

State prosecutor Mr Vincent Monda told Mombasa chief magistrate Rosemelle Mutoka that no complaint was made by the accused that they had not eaten or were mistreated at the port police station during their stay.

Relying on an affidavit sworn by the investigating officer senior superintendent of police Moses Kirui, he said the accused had not complained of not having eaten during the handover.

Mr Monda said none of the accused person also complained of being placed in a container aboard the German warship ship.

"Each of the accused person's statement was recorded and none of them complained they were subjected to mistreatment while on board the German warship," said Mr Monda.

Mr Monda said the human rights of the accused were not contravened hence urged the court to dismiss the allegations.

Through their lawyer Mr Jared Magolo, the accused had claimed that they had not eaten and were locked in a container hence could not tell whether it was day or night time.

"I urge the court to direct that the accused should not be treated with discrimination," said Mr Magolo.

Two of the accused who were taken for medical assessment of their ages were found to be adults.

The two told Ms Mutoka that they wanted to join their colleagues at Shimo la Tewa instead of port police where they were held prior to their age assesment.The magistrate directed the two to be remanded at Shimo la Tewa prison.

The seven accused allegedly jointly while armed with firearms, three knives and a grappling hook attacked a fishing trawler Captain St Vincent on October 27 this year upon the high seas of the Indian Ocean.

Hearing of the case was scheduled for January 7 and 8 next year.