DPP obtains order stopping release of man in terror case
Mr Isaak Noor Ibrahim with his co-accused, Mr Abdiaziz Abdullahi Abdi, when they were charged with being members of Al-Shabaab, March 24, 2014. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP
The Director of Public Prosecutions on Tuesday obtained temporary orders against the acquittal of a man who had been charged with terrorism-related offences.
Justice Martin Muya issued the orders stopping the release of Mr Isaak Noor Ibrahim, who was acquitted by a magistrate’s court.
Mr Ibrahim had been charged together with Mr Abdiaziz Abdullahi Abdi, whom Principal Magistrate Justus Kituku put on his defence.
Senior Principal Prosecution Counsel Brian Ayodo argued before Justice Muya that unless the temporary orders were issued, their intended appeal against the acquittal of Mr Ibrahim would be rendered nugatory.
“The prosecution has a right of appeal within 14 days against the ruling and therefore pray for an order of stay against the release of the respondent since we are apprehensive that he might leave the jurisdiction and flee to Somalia,” said Mr Ayodo.
Mr Ayodo said given the public interest in the matter, the ruling by Mr Kituku was a major drawback to the fight against terrorism and had the potential to erode public confidence in criminal justice.
“The ruling of the magistrate effectively renders any effort by the State to combat terrorism laughable and the same should not be allowed to stand,” said Mr Ayodo.
JULY 14 MENTION
Justice Muya, while granting the temporary orders, directed the prosecution to serve Mr Ibrahim with suit papers and the case be mentioned on July 14 for further orders and directions.
Mr Ibrahim and Mr Abdi had been charged with being members of a terrorist group, being in possession of a terrorist property in commission of a terrorist act, being in possession of explosives and making a false document.
Other charges were being in possession of unaccustomed goods, having suspected stolen property, preparation to commit a felony and being in possession of a firearm and ammunition without a firearm certificate.
“Having analysed the evidence on record, am satisfied a prima facie case has been made against the first accused (Mr Abdi) on all counts and put him on his defence,” said Mr Kituku in his 12-page ruling.
In respect to Mr Ibrahim, the magistrate ruled that most prosecution witnesses seemed to exonerate him.
The magistrate ruled that he found Mr Ibrahim was a victim of circumstances and acquitted him under Section 210 of the Criminal Procedure Code (CPC).
