By EvansOjiambo Akelo in Mombasa.
Q: What is your the background of your career as and lawyer in Kenya. Starting with education the Birth of your firm and other engagements you undertaken even those charitable?
A: I attended Kenyan Schools up to Form Six and was admitted to the Faculty of Law University of Nairobi in 1980 and thereafter proceeded to the Kenya School of Law where I completed in 1985 and after a successful interview was appointed a District Magistrate and posted to Kerugoya Station thereafter i worked in various stations raising to the rank of Senior Resident Magistrate and later appointed a Children's Magistrate to cover Coast Province and after Seventeen(17) and half years of service resigned from the Judiciary of Kenya and started a private Law practice under the name of OMWITSA WASUNA KADIMA and later KADIMA & COMPANY ADVOCATES. Located at Court Chamber Building, Opposite Old Law Courts, Nkrumah Road, Mombasa.

Q: Your charitable work
My other responsibilities have included being the board chairman and member of board of various schools including Lumakanda and St. Cecilia Secondary Schools. I also have been a patron of Rural Electrification Project Lugari District. Am also a Pro-bono lawyer on the Federation of Women Lawyers Kenya (FIDA Kenya) panel. I also do pauper briefs for murder suspects in the High Court.

A: What is your opinion on the alleged agreement signed between the UK and Kenya last December and later copied by the US and the EU, to prosecute and jail pirates in Kenya?
Regarding the alleged agreement signed between KENYA and UK last December and later copied by the USA and E. U. to prosecute jailed pirates in Kenya I reserve my comments as you have never seen the said agreements and am not aware the same having been tabled in parliament for deliberation by parliamentary in order to give the said agreements legal effect ( force of Law).
Q: What do the laws of Kenya speak on Piracy?
In Kenya the relevant statutes are THE MERCHANT SHIPPING ACT CHAPTER 389 LAWS OF KENYA whose commencement date was 1st December,1967 and revised in 1983 and the PENAL CODE CHAPTER 63 OF LAWS OF KENYA. THE MERCHANT SHIPPING ACT is an act of Parliament to make provision for the control, regulation and orderly development of merchant shipping. while the penal code is an Act of Parliament to establish a code of criminal law. Under the Merchant Shipping Act though Kenya is a signatory to the UNITED NATIONS CONVENTION ON THE LAW OF THE SEA and ratified it the same is not domesticated into the MUNICIPAL LAW hence the Kenya SHIPPING ACT makes no mention of the same yet its the Parent Act as regards MERCHANT SHIPPING in Kenya. All that the PENAL CODE does is to define piracy as an offence and make it punishable with imprisonment for life (See Section 69(1), (2), (3). Though in the year 2006 a Kenyan Court at Mombasa tried and convicted Somali Pirates for Seven years for hijacking the M/V SAFIN AL-BIRSARAT an Indian registered dhow the incident raised substantial legal issues of how piracy is defined and whether a state has jurisdiction over alleged pirates which issues are yet to be resolved. As stated by MRS. NANCY KARIGITHU DIRECTOR-GENERAL MARITIME AUTHORITY in her presentation on the Role played by Kenya in the Fight Against Piracy and armed robbery against ships in waters off the Coast of Somali she acknowledges there is need to strengthen piracy legislation in Kenya and alluded to a new Merchant shipping bill yet to be enacted by Kenyan Parliament whose intention is to strengthen the law and include the provisions for piracy from the relevant UN Convention.
Q: Many give you scornful look for defending pirates believing you are making big money?
A: On the issue of the public impression for making big money from the piracy that is a non issue as our company has a clear policy on charging legal fees in both criminal and civil cases and cases under the Admiralty Law. It is a policy based on sound business practice and is not dependant on isolated cases of public interest. Whilst public interest concerns may be one of the factors in determine legal fees there are other more important factors like the complexity of the case . Obviously ransom money is not one of the factors to be considered.

Q: Why defend pirates that have and continue shocking the international Community?
A: On why defend pirate despite international community condemnation the issue for a lawyer is not piracy as an offence per se but the higher issue of due process(fair trial) which is a prerequisite for the Rule of law which we all defend as lawyers and the international community to jealously safe guards. Whether a pirate is convicted or acquitted is not the issue provided due process is followed. You should remember under the commwealth of which Kenya is a member stateS an accused person is presumed innocent until proved guilty.
Q: In your defense what strategy are you employing to counter the prosecution?
A: As regards our defence strategy we will be raising jurisdictional issues and my instructions are that the seven suspected pirates were fisherman and never attacked the vessal M/V POLIARS.

Q: Have you encountered a controversial case like the piracy case at hand? If one elaborate.
A: Yes I have encountered a controversial case apart CMCR NO. 791 OF 209 (PIRATES CASE) which is CMCR NO. 2979 OF 2008 REPUBLIC -VS- ANDREW M. MWANGURA who was charged with ALARMING PUBLICATION CONTRARY TO SECTION 66(1) AS READ WITH SECTION 36 OF THE PENAL CODE and faces a second count of being found in possession OF NARCOTIC DRUGS CONTRARY TO SECTION 3(1) AS READ WITH SUB-SECTION 2(A) OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONTROL ACT NO. 4 OF 1996 the case raised a lot of public interest from the international community and Kenya public as it was alleged ANDREW MONGINGETI MWANGURA had published a false statement on the Standard issue number 139 that the military hardware on hijacked ship MV Fain was destined to Southern Sudan. I represented him in court where he denied the offence the case is still pending but the defence has raised certain seriously legal issues which have been referred to the Director of Public Prosecution of which we await a decision on 14th day of May, 2009.

Q: Kenya has been accused by International Community like Human Right Watch for having a flawed judicial system Will your clients receive justice?
As regards the concern of whether our client will receive justice under the Kenyan judicial system already accused of being flawed by the International community just to repeat the primary duty of a lawyer in any trial is to ensure his client receives a fair hear according to the laws of the land. If that does not happen at the court of first instance he has a right of first appeal in the High Court and second appeal in the Court of Appeal. It is premature at this stage to comment. I shall reserve my comments once the trial is complete.