BY SAM ALFAN.
Marsabit Muslim cleric Sheikh Guyo Gorsa Boru who is charged with terrorism will remain in custody after the High Court dismissed his plea to be released on bail pending the determination of his trial.
High Court criminal division judge Daniel Ogembo dismissed the application saying it lacked merit. “I find merit in the preliminary objection raised by the respondent herein. I sustain the said objectionable and find that the application of the applicant dated and filed herein on July 12, 2020 totally lacks merit. I dismiss the same. Orders accordingly,” ruled the judge.
Guyo who is facing charges of conspiracy to commit terrorism, radicalisation, recruiting members to a terrorist group and membership to a terrorist group approached the High Court seeking to be released on bail.
The charges against him attract jail terms of at most 30 years each.
Director of Public Prosecution (DPP) Noordin Haji through senior assistant prosecution counsel Duncan Ondimu filed a preliminary objection opposing his release on bail.
Ondimu argued that Justice Luka Kimaru on June 22 last year conclusively determined the same issue and that the leeway was for Guyo to file another application which he has failed to do.
Guyo was arrested three years ago at Madarasss Tola in Marsabit town and transferred to Anti-Terror Police Unit (ATPU) headquarters pursuant to credible intelligence information and evidence that was received that he was involved in terrorism and related activities within the country.
Chaos erupted within Marsabit town and around 400 youth who attacked police and another group of youth tried to attack Marsabit Police station but were repulsed by police, following his arrest.
According to the investigating officer, the youth destroyed a local catholic cathedral and several businesses were attacked and looted.
Guyo was on February 20, charged that on or before January 13, 2018 at Madrassa Tola, within Marsabit County, he was found being a member of a terrorist group namely Al-Shabaab.
He was also charged with collection of information. According to the charge sheet, on January 13, at the same place, the accused was found in possession of an X-TIGI mobile phone with a micro SD card containing 8 videos for use in commission of a terrorist act.
The Sheikh was further charged with eight counts of being in possession of articles connected with commission of a terrorist act.
Guyo denied the charges before Chief Magistrate Francis Andayi.
