High Court of Kenya at Mombasa Overturns Conviction of Seven, Including Iranian National

In a significant decision on May 29, 2025, the High Court of Kenya in Mombasa reversed the convictions of seven individuals, including an Iranian national, previously found guilty of drug trafficking. This case, linked to the vessel “AMIN DARYA” (also known as “AL NOOR”), had been ongoing for over ten years and concluded with a detailed appeal that highlighted serious procedural errors and emphasized the rights of the defendants.

 The initial trial, which ended on March 10, 2023, resulted in life sentences for all seven crew members for trafficking heroin valued at over Sh1.3 billion (around $10 million), with the accused having been detained since their arrest in 2014.

 Upon reviewing the case, the High Court carefully assessed the evidence and the fairness of the original trial, with Omondi Ogutu and Associates representing the Iranian client and arguing that the trial was conducted in a language the defendants did not comprehend, aided by a translator of questionable qualifications.

The defense contested the integrity of the evidence chain, claiming it was tainted by planted items and an improper shift of the burden of proof onto them. A key issue was the controversial destruction of the vessel, Amin Darya, ordered by the president while the trial was still in progress, which the defense argued destroyed vital evidence and biased the proceedings.

 They also pointed out violations of international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS). Ultimately, the High Court agreed with the appellants, deeming the original charge “defective” and its elements “not proved.” The court identified numerous legal violations that undermined the appellants’ right to a fair trial, stating these were significant breaches that could not be overlooked.

As a result, the conviction was overturned, leading to the acquittal and release of all seven appellants, including the Iranian national. This ruling highlighted the necessity of procedural fairness and strict adherence to legal standards, even in serious criminal cases, marking a significant victory for the Iranian national after a lengthy legal struggle.