Economy

Court puts terror suspects’ bail on hold

tobiko

Director of Public Prosecutions Keriako Tobiko at a recent function. Mr Tobiko Wednesday obtained stay orders against release of four terror suspects on bail. FILE

Director of Public Prosecutions Keriako Tobiko Wednesday secured a stay of orders by a magistrate’s court granting four suspects of an attempted terrorist attack at the Jomo Kenyatta International Airport (JKIA) bail.

Chief magistrate Doreen Mulekyo had in the morning released the suspects on condition they deposit a bond of Sh20 million each and provide two Kenyan sureties of similar amounts.

She also ordered the suspects to be reporting to the Anti-Terrorism Police Unit investigators every Friday.

Ms Mulekyo said that no compelling reasons were given to deny “the accused their constitutinal rights.”

She said the prosecution did not tender any tangible evidence to prove its claims that the suspects —Mohammed Osman, Garad Hussain, Abdi Mohammed and Ali Warsame — were linked to Al-Shabaab terrorist group and were a threat to national security. The DPP wanted them held in custody until the case is heard and determined.

“This court is alive to the numerous terrorism attacks that have been committed in and around the country but the prosecution must present hard and cold facts to support their claims,” Ms Mulekyo ruled.

In the evening, however, Mr Tobiko said that High Court judge Msagha Mbogholi granted a stay of the decision to release on bail the suspects pending the full hearing of the application.

The suspects have denied terrorism charges linking them to the blast at JKIA on January 16. They are accused of planting an explosive device at a Java Coffee Cafe within the airport on material night.

Police reports linked the four to the Al-Shabaab that has carried out multiple strikes in the country and which also took responsibility for the Westgate mall attack.

They are jointly charged with others not before court .In an affidavit, police claim the suspects “led them to a hide-out in Nairobi’s Eastlands where they recovered unused military equipment including explosive devices.”

The explosion at the airport did not cause any casualties or injuries. It was first described as a bulb that had fallen off a loose fitting with the Inspector General of police David Kimaiyo denying that it was an attempted terrorist act.

Immediately after reading the ruling, the prosecution requested typed copies of the proceedings to lodge an appeal.

The prosecution had raised fears that the suspects had no fixed residences but the defence said they were arrested at their respective houses in Nairobi.

The State had also alleged that they had acquired their Kenyan identity cards illegally and had been found in possession of explosive material.