BY SAM ALFAN.
A Nairobi court is set to rule whether an administrator facing terrorism charges alongside a Somali national, will be released on bail.
The court will decide on April 4 whether Yusuf Mwalimu Issak, the assistant chief of Bulla Power sub-location in Mandera county will be freed on bond
The administrator has been charged together with Somali national Isaq Cabdi alias Xasan Issak Mohamed Abdi and Noor Yakub Ali.
The three were charged with planning to kidnap foreigners who were working at Sinohydro Corporation Limited sewerage construction site in Mandera Town.
While the Kahawa law court will decide whether to free the chief on bond, the magistrate will pass his sentence against Abdi after pleading guilty to being in Kenya illegally and trying to procure himself an identity card in Mandera county.
The prosecution through Senior assistant Principal counsel Duncan Ondimu vehemently opposed the release of the accused person on bail.
In an affidavit filed in court, anti-terror unit investigating officer sergeant Kennedy Karanja opposed their release on bond saying the three were facing very serious charges attracting very stiff penalties.
He said their release increases the possibility of them absconding the hearing of their case, hence flight risk.
“The charges facing the accused person are very serious and investigations have so far revealed that the accused were working with other persons, some of whom are in Somalia, and are yet to be apprehended. The release of the accused persons will jeopardize the arrest of their co-conspirators who are being pursued vigorously by security agencies,” the court heard.
Ondimu told the court that the accused persons were a flight risk and should remain in custody pending hearing and determination of the case.
“There are compelling reasons to warrant the detention of the accused persons pending hearing and determination of their case,” submitted Ondimu.
Prosecutor Ondimu submitted that pursuant to the ongoing investigations, the motive of the attack that was planned and executed by his brother who is said to be a NISA Officer, was to rescue Isaq Cabdi alias Xasan Issak Mohamed Abdi from lawful custody.
The charges they are facing includes conspiracy to commit a terrorist act within the Republic of Kenya contrary to section 23(2) as read with section 23(4) of the Prevention of Terrorism Act, CAP 59B Laws of Kenya (for all the accused persons) which attracts a sentence of a term not exceeding twenty (20) years, facilitation to commit a terrorist act contrary to Section 9A of the Prevention of Terrorism Act, CAP 59B Laws of Kenya which attracts a sentence of a term not exceeding twenty (20) years and being members of a terrorist group contrary to Section 24 of the Prevention of Terrorism Act, CAP 59B Laws of Kenya which attracts a sentence of a term not exceeding thirty (30) years.
The court heard that preliminary information so far shows that Cabdi and Noor Yukub were planning to kidnap foreign nationals working at Sinohydro Corporation Limited sewerage construction site in Mandera Town.
it is further alleged that the two together with their co-conspirators who are at-large were in constant communication in planning their evil deeds.
Issak is alleged to have drafted and sent a letter of introduction to County Registrar of Persons in Mandera County claiming that the Somali national was a Kenya, a fact he knew to be false.
The court heard that an assistant chief was a person who occupies a position of influence hence the capacity to interfere with witnesses hence affecting the conduct of the trial.
“Pursuant to the actions of the Assistant Chief , Cabdi accused obtained fraudulently an identity card waiting card,” court heard
Following the arrest, Cabdi was visited by his mother Madina Muhumed Musa at the Mandera Police Station and was arrested and charged before the Mandera Law Courts with being unlawfully present in the Country.
Madina pleaded guilty, and was discharged under section 35(1) of the Penal Code and subsequently repatriated to Somalia pursuant to a court order.
