[The Nation (Nairobi)] Three piracy cases failed to proceed at the magistrates' court in Mombasa.This was despite a stay by the Court of Appeal of a High Court ruling declaring that Kenyan courts lack jurisdiction to try the cases.
Magistrates handling the three cases did not give any specific directions but only fixed the matters for mention in a month.
Two of the cases were coming up for judgment while the other was scheduled for defence hearing.
The Court of Appeal stayed the ruling by Justice Mohammed Ibrahim in a criminal case filed by the prosecution against nine Somalis charged with piracy, pending determination of an appeal filed by the Attorney General.
Justice Ibrahim stopped proceedings in the lower court against the nine suspects and barred any magistrates court from dealing with the case.
He said Kenyan courts had no authority over matters that take place outside the country.
After the ruling, all piracy cases in which suspects have been charged under Section 69 (1) of the Penal Code have stalled.
By the time the High Court ruling was made, there were seven cases involving 57 accused persons, all Somalis.
The matters have been coming before the courts for mention, waiting for a decision from the Court of Appeal.
At the same time, the European Union (EU) said the fight against pirates in the Indian Ocean was facing a serious challenge over gathering of sufficient evidence to sustain charges against suspects.
With only a handful of naval ships patrolling the sea, it is difficult to arrest pirates when they carry out attacks, and this has compromised the evidence presented, the EU ambassador to Kenya, Mr Ludowick Briet, said.
He was speaking in Mombasa aboard a French frigate that docked at the port on Tuesday.
French ambassador to Kenya Etienne de Poncins said the EU delegation had earlier visited the office of the deputy prosecutor in Mombasa to find out what measures can be put in place to improve on the evidence presented in courts.
"We want to examine in detail what evidence is needed by Kenya's Judiciary to successfully prosecute the pirate cases brought before the courts," Mr Poncins said.
The ambassadors said that there was a danger that nine out of 10 pirates tossed in the clink will be released due to lack of sufficient evidence.
They further said that another clarification meeting with government authorities will be held next week.