The battle for multibillion properties of slain drug baron Ibrahim Akasha has taken a new twist after his first wife Hayat Abdalla sought to join a case seeking to recover properties seized by American and Kenyan authorities.
Mrs Abdalla is the new entrant in the battle for the properties seized in 2014.
She argues that Mr Akasha was not convicted of any drug-related case in his lifetime , therefore , his properties do not qualify as proceeds of crime.
Mrs Abdalla will advance her interest in a petition that was last year filed by her co-wife, Fatma Akasha and daughter-in-law Najma Juma Hassan , the wife of Baktash Akasha, who is serving sentences in the US for drug trafficking.
Lawyer John Khaminwa told Mombasa High Court judge Olga Sewe that he has been instructed to appear in the matter to represent the widow.
"We have been instructed to come on record for the interested party (Hayat). We request for time to file our appointment documents and to obtain the pleadings," Mr Khaminwa said.
However, Ms Najma and Ms Fatma opposed Ms Abdalla's decision to participate in the petition, on grounds that the case has already been heard and finalised and is now awaiting final determination.
Through lawyer Kiogora Mugambi, the petitioners asked the court to reject Ms Abdala's attempt to join the case as this would delay its determination and instead transmit the file to former Mombasa Resident Judge Eric Ogola to write judgement.
"There is an application by the interested party that is pending. It was filed in the mistaken belief that the petition concerns the properties of the late Mzee Akasha. That is not the case," said Mugambi.
According to the advocate, the petition concerns the properties of Najma and Fatma that were seized when their homes were raided in 2014.
"The case was heard to conclusion by Justice Ogola and written submissions have been filed," said the advocate
Mrs Abdalla is alleging fraud on the part of the petitioners but lawyer Kiogora dismissed the allegations, saying his clients are pursuing their personal properties and not those of Mzee Akasha.
According to the advocate, the succession case against the estate of the slain drug baron is yet to be filed and , therefore, the application by the interested party is mistaken.
The case had been scheduled for the hearing of an application where another Akasha daughter had asked to be enjoined in the petition by Ms Najma and Ms Fatma but she did not show up, only for Ms Abdalla’s advocate to come to the court asking to join the case.
Justice Sewe, however, postponed the case to allow her study the file before giving further directions.
In the petition filed last year, Ms Najma and Ms Fatma are seeking for orders to compel the government to release properties taken from Mr Akasha's Nyali house when a team from Directorate of Criminal Investigations(DCI) and the American operatives raided the house in 2014.
The properties include posh vehicles namely a Mercedes Benz and a Land cruiser, title deeds to palatial homes in Nyali,11 gold chains,two ceska pistols loaded with 16 rounds of ammunition,10 separate rounds of ammunition, over 10 mobile phones and log books.
They are also demanding for release of other properties estimated to be worth billions of shillings spread in the US, Pakistan and Iran.
The case will be mentioned on November 23, the High Court judge ruled.
