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Application to adjourn case against alleged Al Shaabab members thrown out

19 February 2014, 20:53

Mombasa - A Mombasa court has rejected an application made by the prosecution to adjourn a case against seven Somali national charged with being members of Al Shaabab.

In his objection senior magistrate Richard Odenyo said the prosecution had availed to give satisfactory reasons why the witnesses had failed to appear in court to testify against the seven Somalis.

“There is no reason for the adjournment of the hearing of the case, it will continue  tomorrow",said Odenyo

The prosecutor Simon Waithaka had unsuccessfully made an application before the court. The prosecutor claimed that the seven men were facing a serious offence of being members of the terrorist group, Al Shabaab and the officers who were to appear in the dock to testify today were unable to come before the court.

“The officers cannot abscond an assignment ,giving the prevailing situation in Mombasa of insecurity and that’s why they cannot avail themselves in court to testify I request for the adjournment of the case and be given another date,” said Wathaka

The defense lawyer Gerald Magolo also objected the application made by the prosecutor.

The matter has been in court since December 2011 and the last witness came to court a year ago to testy,” said Magolo

He prayed the court to treat the matter with agency and requested the court not to given an adjournment.

“The officers indicated that they would be going to a seminar that is not a good reason to adjourn the case I urge to refuse the application.” said Magolo.

The seven Somali national were arrested between December 30 and 31 2011 at Mnundeni village Mkokoni  in Lamu East District, where they were found armed with fire arms and six AK47 ruffles one rocket launcher 501 rounds of ammunition and an AK47 magazine in ladder in a circumstances that indicated he were preparing to commit a felony namely kidnapping.

Odenyo ruled that the case be continuous tomorrow since the prosecution did not give a compiling reason that would force the case to adjourn the case.

The case will continue tomorrow.

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