As the prosecution wrapped up its case in the Sh8.2 billion methamphetamine trial involving six Iranian nationals in Mombasa, the issue of military confidentiality continuously came up.
The prosecution concluded making their submissions last week, after six months of hearings. The trial arose from an alleged recovery of narcotics aboard the vessel MV Mashaallah, which was intercepted in the Indian Ocean in October last year.
Five of the six Iranians accused of trafficking meth when they appeared at the Shanzu Law Courts on October 28, 2025.
Photo credit: Wachira Mwangi | Nation Media Group
The Kenya Navy's refusal to disclose certain information was repeatedly raised during the hearing and is likely to feature prominently as the case moves to the next stage. The information withheld included operational details and photographs taken during the interception in the high seas on the grounds that they were classified.
Throughout the trial, particularly during cross-examination aimed at obtaining more information about the operation, military witnesses maintained that some of the details sought by the defence related to sensitive operational procedures and could not be disclosed because they constituted classified information that was not meant for public disclosure.
This was despite the defence maintaining that, in any criminal trial, the law requires the prosecution to disclose all material evidence to the accused so that its authenticity and reliability can be tested, thereby ensuring a fair trial.
That requirement, however, appears to create a legal tension with the provisions of the Kenya Defence Forces Act, which restrict the disclosure of classified information and details relating to military operations where such disclosure could prejudice national security.
To the defence, the withheld information was necessary to establish the truth and eliminate any possibility that the narcotics could have been planted inside the vessel before it arrived at the Port of Mombasa.
The classified material largely related to how the vessel was intercepted at sea, the deployment of military assets and certain records generated during the operation before the vessel reached Mombasa.
Packages of substances weighing 1,035.986 kilograms suspected to be methamphetamine valued at Sh8.2 billion at the Mombasa Port on October 25, 2025.
Photo credit: Pool
The most contested issue, however, involved photographs allegedly taken immediately after the drugs were recovered on the high seas.
While the Kenya Navy produced an inventory detailing the items recovered from the vessel, photographs allegedly taken inside the vessel before the cargo was disturbed were not produced in court.
When pressed by the defence, the military witnesses, who were the only witnesses to the recovery at sea, stated that the images were classified and therefore could not be released.
That prompted the defence to question how the court could independently verify that the narcotics produced as exhibits were recovered from inside the vessel in the exact manner described by the prosecution witnesses.
According to the defence, photographs taken before the cargo was disturbed would have provided visual confirmation of how the drugs were arranged or concealed inside the vessel before they were removed.
The military witnesses, however, maintained that the inventory accurately documented everything recovered from the vessel in all stages of the interception and recovery. According to Major Mohamed Abdirahman, who commanded KNS Shupavu during the operation, the inventory was prepared in English and detailed everything recovered from the vessel.
"There is nothing the Navy is hiding. The photographs taken at sea are classified. We have not disclosed the classified communication directing that the vessel be towed to Mombasa," he said when questioned on why the images and communications had not been produced or supplied to the defence.
He further explained that classified information exists in different categories, with "secret" being one of the classifications.
"Some of the materials produced are classified. The military has the discretion to release certain documents even if they are classified. However, the classified documentation in question will not benefit the court," the soldier told the court.
Major Abdirahman further clarified that the soldiers did not take photos of the cargo on the vessel but that they only took photos for purposes of briefing their superiors.
"MFI 7(16), (15), (14) are photographs whose photographer I cannot speak to. The items on the photo are similar to those taken at the high sea. The ones taken by the Navy are classified," he insisted, adding that the photos in court were not taken at the high seas.
Iranian suspects found in possession of substances suspected to be methamphetamine valued at Sh8.2 billion at the Mombasa Port on October 25, 2025.
Photo credit: Pool
"It is not correct that the evidence to place the substance aboard MV Igor is classified. The inventory shows everything that was found on the vessel," he said.
"The claim that the accused were on a fishing expenditure is not correct. It is also not true that the substance was planted. There was no documentation at sea to confirm the consignment. The photographs at sea are classified," he said.
According to the soldier, an inventory was taken at sea, which was filled on October 20 before docking at the port of Mombasa, adding that he prepared the document.
"We did not plant the drugs on the accused persons. We did not have any reason to do so since we did not know them," he testified.
The court heard that the operation was carried out by the Kenya Navy patrol vessel KNS Shupavu after authorities acted on intelligence reports that prompted planning and deployment on the high seas.
Even the specification of the war ship that carried out the operation was not disclosed to the court as it was categorised as classified information. "It is classified information on the number of military officers on board or the number of small boats," said Lt. Col Job Gitonga.
Major Abdirahman told the court that he could not state how many personnel boarded the vessel in question because that is classified, but he later said that 16 officers boarded MV Igor on rotational basis.
"We reported immediately the contact was made with MV Igor. This was when we saw the vessel. The report is a classified document," he said.
The code name for the operation was MV Igor. Although the military maintained that withholding some information was necessary to safeguard sensitive operational capabilities, the issue may ultimately become one of the questions the trial court will have to determine, particularly where the withheld material is alleged to be capable of assisting the accused persons in their defence.
The prosecution has relied on the inventory, witness testimony and other documentary exhibits to maintain that the chain of custody remained intact and that the narcotics produced before the court are the same drugs recovered during the naval operation.
The defence further questioned the handling of certain material samples, arguing that although they were collected from the vessel, they were never returned, thereby raising questions about their whereabouts and the chain of custody.
"The sample brought to KNS Shupavu was not returned to the vessel. When we saw what the sample looked like we briefed headquarters after taking photographs. The photos were uploaded under a tactical chat," said Major Abdirahman.
Some of the 1,024 kilogrammes of synthetic drugs seized from six Iranian crew members aboard a vessel. The haul, estimated to be worth Sh8.2 billion, was seized about 650 km off the shore of Mombasa.
Photo credit: Wachira Mwangi | Nation Media Group
However, he said that he did not have any document to support the chain of custody of the sample that was brought on board the KNS Shupavu from the vessel in question.
"Only one container was opened. This was not documented, it is not possible that the substance was aboard KNS Shupavu," he said.
With the prosecution's case now closed, both parties are expected to file a submission reinforcing their respective positions. The prosecution closed its case after calling 12 witnesses, who also produced numerous exhibits and documentary evidence.
The final prosecution witness was the lead investigating officer, Inspector Shadrack Kemei, who outlined the chain of investigations that culminated in the interception of the vessel on the high seas and the arrest of the six Iranian nationals.
Inspector Kemei told the court that the Anti-Narcotics Unit received intelligence on October 19, 2025, indicating that the Kenya Navy had launched an operation to intercept a suspicious vessel suspected of transporting narcotic drugs.
On October 20, 2025, the Kenya Navy confirmed that it had intercepted the vessel, which had been identified as a dark vessel because it was operating without an Automatic Identification System before escorting it into Kenyan waters.
He testified that detectives first obtained search warrants from the Mombasa Law Courts on October 24, 2025, authorising them to board, search, seize and detain the vessel, Mashaallah.
Accompanied by officers from the Kenya Navy and the Kenya Coast Guard Service, detectives boarded the vessel and served the warrant on its captain, Jaseem Darzadeh Nia. According to the investigating officer, an initial search yielded two packets containing a white crystalline substance that was subjected to a field test.
"The field analysis confirmed the substance to be methamphetamine with an estimated purity of approximately 98 per cent, necessitating a comprehensive search after the vessel docked at the Kenya Navy's Mtongwe Jetty," Kemei testified.
The subsequent search uncovered 769 packets of methamphetamine concealed in six of the vessel's seven compartments. The narcotics and the vessel were seized, leading to the arrest of the six crew members: Jaseem Darzadeh Nia, Nadeem Jadgal, Hassan Baloch, Raheem Baksh, Imran Baloch and Imtiyaz Daryay.
Kemei further testified that investigators recovered five mobile phones and four SIM cards from the suspects, which were subjected to forensic examination at the Anti-Terrorism Police Unit Cyber Forensics Laboratory.
A government supervised weighing exercise established that the seized narcotics weighed 1,036.044 kilogrammes and had an estimated street value of Sh8.2 billion. The six accused were subsequently charged with trafficking narcotic drugs.
"The accused persons informed investigators that the consignment had been loaded at Pozm Port in Iran and was destined for Mauritius," Kemei told the court.
He further testified that the Kenya Maritime Authority established that the vessel had no registration documents and was therefore stateless, while analysis by the Government Chemist conclusively confirmed that the recovered substance was methamphetamine.
The court has directed both the prosecution and the defence to file written submissions within 14 days. The matter will be mentioned on July 13.
