Details of the Binding Kenyan Akasha Brothers Plea Deal with US Prosecutors

Kenyan Akasha brothers may not be allowed to appeal their sentence in the United States after they signed a plea agreement with US authorities.

The two, Baktash and Ibrahim Akasha pleaded guilty to charges of smuggling narcotics to the US as well as bribery and violence in a bid to get a lenient sentence.

They are facing a maximum of life imprisonment, the total maximum for all the six counts they pleaded guilty to. They accepted the charges to avoid trial after learning that US prosecutors had put a strong case against them.

The agreement bars the brothers and the US government from appealing any sentence and also indicates they could pay a fine of up to ($10 million) Sh1 billion.

“The defendant also agrees not to appeal any fine that is equal to or less than the $10,000,000 (Sh1 billion) and the government agrees not to appeal any fine that is greater than or equal to $50,000 (Sh5 million),” the agreement drafted by the US attorney Geoffrey Berman and signed by the Akashas and their lawyer reads.

The two will also be required to surrender all property and assets purchased from the proceeds of their drug trafficking business.

“The defendant hereby admits the forfeiture allegation with respect to counts one, two, three and four of the information and agrees to forfeit to the United States all property constituting or derived from any proceeds the defendant obtained directly or indirectly as a result of the offences described as well any and all property used or intended to be used to facilitate the commission of the offences.”

However, the deal states that in consideration of their plea to the offences, the defendants will not face any other criminal prosecutions, except for tax violations.

“The defendant acknowledges that he has accepted this agreement and decided to plead guilty because he is in fact guilty,” reads the agreement.

The two were extradited to the US in January, 2017 alongside Pakistani national Gulam Hussein and Indian citizen Vijaygiri Goswami after being arrested in Mombasa.

Their plea bring to an end the case which has been running for several years. It is unclear when the two will be sentenced.