Court orders arrest of 5 MRC members

A Mombasa court has issued a warrant of arrest against five members of the Mombasa Republican Council (MRC) for failing to appear in court on Friday.

Mombasa chief magistrate Stephen Riechi issued the warrant against Omar Suleiman Babu, Nyae Ngao, Robert Charo, Salim Ali Goga and Salim Hamisi for failing to appear in court to answer to charges of being members of an unlawful society.

The charge sheet stated that between the year 2005 and October 18, 2012, within Coast Province, jointly with others not before court and without lawful excuse were found to be members of unlawful society to wit MRC without registration.

In July 25,, a three-judge High Court bench declared the group a legal entity. Judges John Mwera, Mary Kasango and Francis Tuiyott termed a gazette notice, issued in 2010 and which declared the group illegal, was unconstitutional

Three MRC top officials - Omar Hamisi Mwamnuadzi, Randu Rai and Mohamed Mraja - who were also to be charged on Friday, did not appear and the magistrate directed they be produced in court next Wednesday.

The court did not issue a warrant for their arrest as they are already in remand at Shimo la tewa prison after they failed to raise a bond of Sh2 million each.

Mr Mwamnuadzi, the self-styled MRC president, was arrested by police on Monday at his home in Kombani together with 37 other people.

Mr Mwamnwadzi and his wife Maimuna Hamisi Mwavyombo were charged with several counts of being in possession of firearms and incitement.

They were allegedly found with being in possession of a firearm and 15 rounds of ammunition. His wife, is also alleged to have been in possession of offensive weapons.

They were also charged with two counts of incitement to violence and being in possession of articles used in the exercise of witchcraft.

They were remanded in custody pending ruling on their bond application on October 22.

Mr Rai and Mr Mraja were charged with incitement to violence. Its alleged that on October 9, 2012 at Kisimani area within Mombasa they were found in possession of a white t-shirt with the words ‘Pwani si Kenya, Mombasa Republican Council, Nchi Mpya, Maisha mapya, which words indicated or implied that it was or might be desirable to disobey the lawful authority of the government of Kenya.

They also face a second count of incitement to violence, where he was allegedly found with a pamphlet titled ‘Pwani si Kenya’.

They were released on a Sh2 million bond and senior resident magistrate Timothy ole Tanchu directed that the case be heard on October 30, 2012.