Four acquitted of terrorism charges

Four people including a Tanzanian have been acquitted of terrorism charges.

Mombasa senior principal magistrate Francis Kyambia set free Mr Mohamed Ibrahim Noor, Ms Emmilia Lucas Anthony, Ms Nargis Arafat Gulam and Ms Saumu Ali Athman saying the prosecution had not proved the case beyond reasonable doubt.

Mr Kyambia directed that Ms Anthony alias Mwanajuma Mwero Antoni, a Tanzanian be deported back to her country, a process to be undertaken by the officer commanding Central Police Station, Mombasa.

The magistrate declined to allow an application by the prosecution seeking to suspend his decision pending their (prosecution) appeal at the High Court.

In releasing the accused, the magistrate said the court has to administer justice in accordance with the law and also takes judicial notice of the brutality of the acts of terrorism previously committed.

“Despite brutality (of terrorism), the court trying cases of terrorism would not be ready to brutalise justice,” said Mr Kyambia.

Through prosecuting counsel Peris Maina, the prosecution had made an application to have the decision of the court suspended to allow them file an appeal at the High Court.

Ms Maina argued that the court has a duty to protect not only its process but that of the High Court.

However defence lawyers Chacha Mwita opposed the application saying there was no provision in law for the court to order for a free person to be detained without a lawful cause.

“The fears that you have ordered the second accused be taken to Tanzania, between the two countries we have repatriation agreements, she can be availed anytime the prosecution makes real their threat to appeal,” said Mr Chacha.

Mr Magolo said the conclusion of the judgement means that the accused are free hence being asked to suspend it will be illegal and embarrassing to the court.

Mr Noor had been charged with providing a traveling bag containing a laptop, surveillance pen, phones, military boots and screw drivers to Ms Gulam knowing or having reasons to believe they shall be used to benefit any person or Al-Shabaab terror group in the commission of a terrorist act.

He had also been charged with other counts of provision of services and aiding contrary to Prevention of Terrorism Act

Ms Anthony was charged with being in possession of property for commission of a terrorist act among other charges.

Ms Gulam and Ms Athman had been charged with collection of property for the benefit of any person or terrorist group involved in the commission of a terrorist act.