Muigai, Kimaiyo sued over Masjid Musa arrest
14 February 2014, 08:31
Mombasa - Attorney General Githu Muigai and the Inspector General of Police David Kimaiyo have been sued over the arrest of a Mombasa residents following the riots at Masjid Musa mosque.
The new petition filed Thursday is seeking the release of Mr Hemedi Salim who was allegedly arrested on February 2 with 100 others whilst 70 have been arraigned before Senior Principal Magistrate Richard Odenyo in Mombasa.
In the petition, it is alleged that the 30 year old has been detained illegally and has not yet been charged eleven days after his arrest.
“The petition has been necessitated by the unlawful and unconstitutional actions of the Inspector General of Police, it is important that this matter be heard and determined as a matter of urgency,” Mr Okiya Omtatah who filed the suit on behalf of the detainee said.
Mr Omtatah argues that one is expected to be arraigned as soon as possible as but not later than twenty four hours or before the end of the following day.
He also argues that one is usually charged or is informed of the reasons for detention or even released on bond or bail terms.
He further argues that unless there are compelling reasons not to be released any further detention is unconstitutional.
“It is all in the interest of justice that this order be granted,” Mr Omtatah said.
Police had raided the at Masjid Musa in Mombasa claiming that militants were carrying out training there.
According to a Senior Mombasa police officer Henry Ondieki youths had distributed leaflets on jihad at the mosque in which unknown gunmen shot dead radical cleric Aboud Rogo in August 2012.
Of the 100 suspects arrested nearly two weeks ago only 70 were on Wednesday arraigned in court for being members of Al-Shabaab among other 6 terror related charges.
The 70 denied the charges of assembling at the mosque with an intension of furthering acts of terrorism and being in possession of two flags bearing drawings of AK 47 rifles, assorted compact discs which are considered as materials of war meant to instigate commission of a terrorism act contrary to the Prevention of Terrorism Act No. 30 of 2012.
The accused persons also denied robbing with violence and wounding two police constables David Lotiko and Peter Makemba.
They had also denied being in possession of an AK47 rifle whose serial number was not visible but had 5 five rounds of ammunition with no firearm certificate and knives which indicated that an intention to kill.
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