ANTI PIRACY COURTS IN KENYA

AND SEYCHELLES
 Anti Piracy Courts in Seychelles
• In 2009, there was an exchange of letters between the
European Union and the Republic of Seychelles concerning
the transfer of suspected pirates for prosecution. A
memorandum of understanding (MoU) was also entered
between the European Union and the Republic of
Seychelles.
• In support of this MoU, the United Nations, through the
United Nations Office on Drugs and Crime (UNODC), created
regional courts in Seychelles to try suspected pirates.
• Under Section 65 of the Seychelles Penal Code, piracy is
punishable with imprisonment up to 30 years and with fine
up to one million Rupees. The place of committing piracy is
immaterial.
 The Republic of Seychelles vs. Mohamed
Ahmed Dahir and Ten Others (2009 SCS)
• In this case, 11 Somali nationals were charged with
seven different offences including piracy.
• Five of them related to terrorism under the
Prevention of Terrorism Act, 2004, which could not be
proved.
• However, the accused were convicted on the other
two charges of piracy, i.e., committing piracy and
aiding and abetting piracy.
• Each one of the convicts was sentenced to 10 years of
imprisonment by the Supreme Court of Seychelles.
 The Republic of Seychelles vs. Abdi Ali
and Ten Others (SCS 2010)
• In this case, 11 Somali nationals were charged for
committing piracy contrary to Sections 65 and 377 read
with Section 23 of the Penal Code.
• All the accused chose to exercise their right to remain
silent.
• After analysing the versions of prosecution and defence,
Justice M. Burhan convicted all of them on a single count
of attempting to commit piracy contrary to Sections 65
and 377, read with Section 23 of the Penal Code.
• Each one of them was sentenced to 6 years in prison by
the Supreme Court of Seychelles.
The Republic of Seychelles vs. Mohamed
Aweys Sayid and Eight Others (SCS 2010)
• In this case, 9 Somali nationals were charged on
three counts of committing acts of piracy on the high
seas contrary to Sections 65 and 23 of the Seychelles
Penal Code.
• After analysing the versions of prosecution and
defence, Justice C.G. Dodin convicted all of them on
all the three counts.
• All of them were sentenced to 11 years of
imprisonment on the first count and the second
count (total of 22 years), with an order that both
these terms of imprisonment shall run consecutively.
 The Republic of Seychelles vs. Nur Mohamed
Aden and Nine Others (2010 SCS)
• In this case, ten Somali nationals were charged on two
counts of committing acts of piracy on the high seas
contrary to Sections 65 and 23 of the Seychelles Penal
Code.
• After analysing the versions of prosecution and defence,
Justice Duncan Gaswaga convicted all of them on both
counts.
• All of them were sentenced to 20 years of imprisonment
on the first count and 10 years of imprisonment on the
second count by the Supreme Court of Seychelles, with
an order that both these sentences shall run
concurrently.
The Republic of Seychelles vs. Mohamed
Ahmed Ise and Four Others (2010 SCS)
• In this case five Somali nationals were charged on three
counts of committing acts of piracy on the high seas
contrary to Sections 65, 65(4)(b) and 23 of the Seychelles
Penal Code.
• After analysing the versions of prosecution and defence,
Justice Duncan Gaswaga convicted all of them on all the
three counts.
• All of them were sentenced to 18 years of imprisonment
each for the first and the second counts and 10 years of
imprisonment for the third count by the Supreme Court of
Seychelles, with an order that both these sentences shall
run concurrently.
 Anti Piracy Courts in Kenya
• In a Memorandum of Understanding signed on 16th January
2009, between Kenya and the United States of America, Kenya
agreed to prosecute captured pirates in its courts.
• In March and August 2009, Kenya signed similar agreements
with the European Union and Denmark respectively.
• Section 69 of The Penal Code of Kenya, 1930, criminalizes
piracy in both Kenya’s territorial waters and on the high seas.
• Kenya enacted the Merchant Shipping Act in 2009. It defines
piracy in identical terms as Article 101 of the UNCLOS, 1982.
• Under this Act, piracy and armed robbery against ships are
crimes punishable with imprisonment for life.
 Anti Piracy Courts in Kenya
Upon taking the custody of suspected pirates, Kenya agreed to
do the following:
1. Detain persons, evidence and properties, and submit them to its
competent authorities for investigation in a manner consistent
with its domestic law.
2. Submit cases to Kenyan authorities for the purpose of
prosecution or take appropriate action to extradite or repatriate
suspected pirates.
3. Notify USA of its intention to initiate criminal trial proceedings
and the timetable for the provision of evidence and the hearing
of evidence.
4. Provide and facilitate reasonable access in the Republic of Kenya
by the representatives of the USA to any suspected pirates.
 The Republic of Kenya vs. Hassan
Muhamud Ahmed and Nine Others (2006)
• In this case, 10 Somali nationals captured approximately 200
miles off the coast of Somalia by the US Navy were charged
under Section 69 of the Penal Code of Kenya before the court of
a Senior Principal Magistrate in Mombasa for hijacking the
Indian vessel named “MV Safina Al Bisaraat” on the high seas on
16th January 2006, for threatening the lives of its crew and for
demanding a ransom of US $ 50,000 for its release.
• All the accused denied the charges.
• After considering the versions of prosecution and defence, all of
them were convicted on the said charges and were sentenced to
7 years of imprisonment.
• They filed an appeal before the High Court, which was dismissed.
The Republic of Kenya vs. Aid Mohamed
Ahmed and Seven Others (2008)
• In this case, 8 Somali nationals were charged before the
Chief Magistrate’s Court at Mombasa for piracy under
Section 69 of the Penal Code of Kenya for attacking a
vessel named “MV Powerful” on the high seas.
• After considering the versions of prosecution and
defence, all of them were convicted for piracy and were
sentenced to 20 years of imprisonment each.
• The Court observed that piracy in this region (High Seas
in the Indian Ocean) has become a menace and
therefore, acts of piracy deserve a deterrent sentence.
 The Republic of Kenya vs. Jama
Abdikadir Farah and Six Others (2009)
• In this case, 7 Somali nationals were charged before the Chief
Magistrate’s Court at Mombasa for piracy under Section 69 of
the Penal Code of Kenya for attacking a vessel named “Nepheli”
on the high seas.
• After considering the versions of prosecution and defence, all of
them were convicted for piracy and were sentenced to four and
a half years of imprisonment each.
• While awarding lesser punishment, the Court took into account
some mitigating factors i.e., the young age of the accused, the
fact that they come from a lawless country where there is no
proper Government, the fact that they have been in custody for
almost one and a half years and that they have been tried far
away from home.
 USA

• The Constitution of the United States of America

gives Congress the power to define and punish the
crime of piracy and other felonies committed on
the high seas.
• Although both Kenya and the Seychelles are
available venues for prosecution, the USA, through
its Department of Justice, has demonstrated a
willingness to prosecute pirates, particularly when
American interests are at stake.
 United States vs Muse (2011)
• In this case a Somali national named Abdulwali
Abdulkhadir Muse was tried for piracy for hijacking
the US Container Ship “Maersk Alabama” in the
Indian Ocean, and the subsequent taking of
Captain Richard Phillips as hostage.
• He pleaded guilty before the US Federal Court in
New York for his role in seizing a ship by force,
hostage taking, kidnapping, and conspiracy to
commit each of these offences.
• However, he avoided the most noteworthy charge
he had faced, i.e., piracy under the law of nations.
 Decision of the Court
• During the trial, the charges of piracy and
possession of a machine gun were dropped in
exchange for his guilty plea.
• On 16th February 2011, Muse was sentenced
to 33 years and 9 months of imprisonment in
federal prison by the US District Court for the
Southern District of New York.