The judgment ended a legal battle that lasted more than a decade and raised serious questions about the fairness of the original trial.
Seven crew members had received life sentences
The case involved the vessel AMIN DARYA, also known as AL NOOR.
On March 10, 2023, the trial court convicted all seven crew members of trafficking heroin valued at more than KSh1.3 billion.
The court sentenced each of them to life imprisonment.
Authorities had arrested the accused in 2014, and they remained in custody throughout the trial.
Defence challenged the trial process
Law firm Omondi Ogutu and Associates represented the Iranian national during the appeal.
The defence argued that the trial court conducted proceedings in a language the accused did not understand.
The lawyers also questioned the qualifications of the court interpreter.
Additionally, they challenged the chain of custody of the seized drugs.
They further claimed investigators relied on planted evidence and shifted the burden of proof to the defence.
Lawyers questioned destruction of the vessel
The defence also challenged the government’s decision to destroy the vessel during the trial.
According to the lawyers, a presidential executive order led to the destruction of AMIN DARYA before the case concluded.
They argued that the decision destroyed crucial evidence and prejudiced the defence.
Furthermore, they cited violations of the United Nations Convention on the Law of the Sea (UNCLOS).
High Court quashes convictions
After reviewing the appeal, the High Court found that the prosecution had failed to prove the essential elements of the offence.
The judges also ruled that the charge sheet was defective.
Moreover, the court identified several procedural violations that undermined the accused persons’ right to a fair trial.
The judges concluded that the violations were serious and could not be ignored.
As a result, the court quashed the convictions, set aside the sentences, acquitted all seven appellants, and ordered their immediate release.
Ruling reinforces the right to a fair trial
The judgment reaffirmed the importance of due process and procedural fairness in criminal proceedings.
It also demonstrated that courts must protect constitutional rights regardless of the nature of the allegations.
For the Iranian national and the other appellants, the ruling brought an end to a lengthy legal battle and secured their freedom after years in custody.
