In a landmark ruling on May 29, 2025, the High Court of Kenya at Mombasa overturned the conviction and sentence of seven individuals, including an Iranian national, who had been found guilty of drug trafficking. The case, involving the ship “AMIN DARYA” (also known as “AL NOOR”), had spanned over a decade, culminating in a hard-fought appeal that brought to light significant procedural breaches and a profound focus on the rights of the accused.
The original trial, which concluded on March 10, 2023, had seen all seven crew members convicted and sentenced to life imprisonment for trafficking heroin worth over Sh1.3 billion (approximately $10 million). The accused had been in custody since their arrest in 2014. However, the High Court, in its appellate role, meticulously re-evaluated the evidence and the conduct of the initial trial.
Omondi Ogutu and Associates, on behalf of their Iranian client, raised several grounds for appeal. These included the assertion that the trial proceedings were conducted in a language the appellants did not understand, with a translator whose credentials were questionable.
Furthermore, they challenged the chain of custody of the seized evidence, alleging reliance on planted evidence and the unlawful shifting of the burden of proof to the defense. A significant point of contention was also the controversial destruction of the vessel, Amin Darya, by presidential executive order while the trial was still ongoing, which the defense argued amounted to destruction of crucial evidence and prejudiced the case. The legal team also highlighted violations of international law, specifically the United Nations Convention on the Law of the Sea (UNCLOS).
The High Court ultimately sided with the appellants, finding that the initial charge was “defective” and its elements “not proved”. The court noted a multitude of legal breaches that compromised the appellants’ right to a fair trial, declaring that these were not “minor breaches which can be ignored”. Consequently, the conviction was quashed, and all seven appellants, including the Iranian national, were acquitted and ordered to be set at liberty.
This judgment underscored the importance of procedural fairness and adherence to legal provisions, even in cases involving serious offenses. For the Iranian national, it marked the end of a protracted legal battle and a resounding affirmation of justice.
