MRC suspects sentenced to one year
15 May 2013, 12:27
Garsen law court has sentenced two suspected members of Mombasa Republican Council (MRC) Group to one year jail term each and acquitted another for lack of evidence.
The court found Ibrahim Mohamed and Said Wayu guilty during judgment, and set free Hussein Wayu Komora for what the presiding magistrate termed as lack of enough evidence to sentence him.
The three had appeared before Garsen Principal Magistrate Justus Kituku in January 2013 and pleaded not guilty to the offence of being members of unlawful group.
According to the charge sheet, the three were arrested at Kanagoni roadblock in Tana Delta district within Tana River county on 9th day of January 2013 with others who were not before court after discovery that they were members of unlawful society MRC.
Chief prosecutor Inspector Onyango had informed the court that the suspects were arrested at the roadblock as they were fleeing the scene of attack.
According to the Inspector, the three were found in possession of red ribbons linked to MRC group while the first accused was found in possession of an identity card issued by MRC as well.
“The second accused was found with injuries during arrest and it was suspected he got them during the attacks that took place in the area,” the Inspector had told the court earlier.
During mitigation, the first accused Ibrahim Mohamed Awadh told court that he used to be a member of the proscribed group but denounced his membership while the second accused said he was cut with panga by his friend while splitting firewood.
The third accused told court that he was innocent and was arrested while travelling to Mombasa, and that police did not find him in possession of any MRC item.
Passing the judgement, Principal Magistrate Kituku said police had failed to give enough evidence to show that the third accused was a member of MRC thus acquitting him.
He dismissed the explanation of the first accused saying that if he had denounced MRC, he should have surrendered the Identification Card to police together with the red ribbon recovered by police during arrest.
Kituku said the second accused refused or failed to take the investigating police officer to the place he was allegedly splitting firewood with his friends when he was cut.
“In fact, the second accused told police during arrest that he was a Luo by the name Otieno but he changed that version later during interrogation,” said Kituku.
He ruled in his judgement that the first and second accused persons were found guilty and therefore sentenced them to serve one year term of imprisonment.
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