Mombasa tycoon Ali Badruddin Punjani has lost a court bid to stop his arrest upon his return to Kenya.
Last evening, Punjani's lawyer Jared Magolo told the High Court in Mombasa that the tycoon feared that he would be arrested on arrival from overseas.
Punjani (pictured), who was mentioned in the ongoing trial of the Akasha brothers for international narcotics trade, is said to be in India recovering from an open heart surgery.
During the trial, a witness told the court Punjani was a rival of Baktash and Ibrahim Akasha in the global drug trade.
SEE ALSO :Drugs, fake money and wanted tycoon
He is facing a separate charge of affray, after claims that he fought with the Akashas in public on December 31, 2016.
Last month police raided his Nyali homes in search of narcotics. During the raid, a woman and two men were arrested, but later freed without charges.
Police also carted away title deeds, local and foreign currencies and files.
Police had indicated that on arrival in Mombasa, Punjani would be arrested for questioning over his suspected involvement in drug trade.
After failing to arrive on August 26, as had been expected, word went round that Punjani's arrival was imminent, hence the yesterday's anticipatory bail application.
In the application, his lawyer told court that if granted bail, Punjani was ready to return home.
The lawyer said it was reasonable that the application for anticipation bail be granted because police had not provided evidence linking Punjani to any crime, but publicly indicated they wanted to arrest him.
"On August 25, police are quoted to have threatened to arrest my client. We, therefore, fear he will be arrested on arrival," said Magolo.
He said Punjani was ready to cooperate with police.
However, last evening a High Court judge declined to grant the orders, saying theapplication would be determined by another judge after listening to the response by the State.
Justice Farah Amin declined to grant the bail and instead ordered Punjani’s lawyer to serve the Director of Public Prosecutions (DPP) with the application for an inter-partes hearing on Monday.
The judge gave the orders after certifying the application as urgent so that it could be heard during the vacation.
The judge ordered the applicant to serve respondents before 10am on Friday (today) and listed the case for mention before the duty court on September 9.
Mr Magolo had told the judge his client was applying for bond because he feared the police would arrest him before investigating him over allegations made against him.
“Threats to arrest my client is a clear breach of his right,” he told the court.
Magolo said his client did not fear being investigated and that police did not have any ,He explained why Punjani did not return to the country on August 26 as expected.
“The applicant had intended to come back on August 26, but his condition did not allow him to. He can now come back anytime if the court grants him anticipatory bail," the court heard.
Punjani has sued the Inspector General and DPP, claiming they plan to violate his rights.
His lawyer argues that police did not find any evidence to link him with any crime during a search in his house after raiding the home last month and as such have no grounds to arrest him.
Punjani is suspected to be a leading financier of some national politicians.
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