Court acquits suspected member of Al Shabaab
22 November 2013, 16:37
Nyeri - A suspected member of the Al Shabaab was Friday acquitted by a Nyeri court due to lack of sufficient evidence linking him with the group.
Mohammed Abbas Mwai was arrested on November 17 at Ruring’u Estate in Nyeri town alongside Ibrahim Abedi Mwinyi who is facing separate charges of threatening to kill.
Mohammed was acquitted following prosecution’s application that the suspect be freed while the anti-terrorism unit pursues the matter and more investigations conducted.
He had been arrested on allegations that he was recruiting youths from the area to the terror group. Allegedly, he also had travelled to Somalia for exclusive training.
The case Investigating Officer, Julius Emase informed Principal Magistrate Susan Ngungi that the suspect should be discharged as investigations continue.
Emase further assured the court that the suspect’s mobile phone and national Identity Card will be handed back on November 27 when they matter will be mentioned in court since the items are in Nairobi assisting in extended investigations.
In response, through their lawyer, Chacha Mwita said the person who gave police false information linking Mohammed with the Al Shabaab should be arrested for misleading police.
“The Investigating Officer is trying to avoid circumstances and that is why he has discharged the respondent who had been accused innocently,” noted the lawyer.
The lawyer further accused the prosecution of infringing the suspects’ rights by detaining them contrary to the law.
Mwita said they have been in custody for three days on grounds that the move would facilitate investigations but they were supposed to appear in court and take plea.
“The court order was not procedural and was against the law,” he stated, faulting the order that was granted by Resident Magistrate Catherine Mburu saying it was granted in absence of the suspects.
He added that they did not even serve them with the court order.
However, Ibrahim Abedi Mwinyi was not acquitted of his charges of threatening to kill.
It is alleged that on November 16 this year at Ruring’u Estate in Nyeri, he threatened to kill Ishmail Riiri and told him that he would be buried the same way his brother was buried.
He was however released on bond of KES 50 000 or cash bail of KES 30 000. The case was fixed to proceed on January 14, 2014.
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