Terror suspect's case hearing in Mombasa held under tight security

There was a heavy police deployment at the Shanzu Law Courts ahead of the hearing of the case against terror suspect Sheikh Khalid Mohamed Ali. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP

What you need to know:

  • High Court Judge Martin Muya then ruled that Mr Ali's case be moved from the High Court to the Shanzu courts, which are within Shimo La Tewa Prison compound.
  • During the hearing, senior prosecution counsels Jami Yamina and Daniel Wamotsa asked the court to cancel Sheikh Ali’s bond.
  • Mr Yamina linked the accused to Al-Shabaab, saying the vehicle he is alleged to have stolen was found abandoned inside Boni Forest.

A case in which a Muslim preacher is accused of being a member of Al-Shabaab terror group was heard under tight security at the Shanzu Law Courts in Mombasa.

This is after the prosecution earlier failed to produce Sheikh Khalid Mohamed Ali in court, claiming sympathisers of the terror group planned to ambush a vehicle ferrying him.

High Court Judge Martin Muya then ruled that Mr Ali's case be moved from the High Court to the Shanzu courts, which are within Shimo La Tewa Prison compound.

The judge asked the prosecution to make necessary security arrangements.

At first, the family and relatives of the accused were blocked by security forces from the court.

It took the intervention of Justice Muya to have them allowed in, after the defence lawyer Japhet Asige raised a complaint.

“I don’t understand why the family and relatives of the accused have been locked out of the proceedings, he said.

Police officers are deployed at the Shanzu Law Courts ahead of the hearing of the case of suspect Sheikh Khalid Mohamed Ali, July 22, 2015. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP

CANCEL BOND
During the hearing, senior prosecution counsels Jami Yamina and Daniel Wamotsa asked the court to cancel Sheikh Ali’s bond.

They told the court that Mr Mohamed masterminded and financed the July 13 attack on a police Land Cruiser vehicle along Bodhei-Bargoni road in Lamu County.

The attack claimed the lives of five people, including a child.
“The accused person plotted the latest incident in Lamu County where police motor vehicle carrying some witnesses in this terror case.’’
They added that the attackers used explosives and sprayed the police vehicle with bullets.
“The investigations conducted by police, intelligence reports from informers and members of the public indicate that the attackers were members of Al Shabaab, a similar charge whose accused is facing,” added Mr Wamotsa.

Sheikh Khalid Mohamed Ali appears before Justice Martin Muya during the hearing of his case in Shanzu Law Courts. PHOTO | WACHIRA MWANG I | NATION MEDIA GROUP

ATTACKERS IN BONI
He said Mr Ali was connected to the attackers hiding in Boni Forest as per the intelligence report indicated in an affidavit sworn by the investigation officer.

The prosecution further argued that the attack was done a day before Justice Muya released the accused person on a Sh10 million bond with two sureties of a similar amount.

Mr Wamotsa said the attack was a warning to law enforcement agencies and witnesses adding that “eliminating, killing witnesses and attack on police officers” signified that “nobody can go against terrorists”.

“These facts were not available when the court made its ruling on bond and are new and compelling reasons to warrant cancellation of the accused’s bond.”

Mr Yamina linked the accused to Al-Shabaab, saying the vehicle he is alleged to have stolen was found abandoned inside Boni Forest.

Mr Ali was also charged with being in possession of explosives and an alternative charge of stealing a car worth Sh1.2 million.

"UNIDENTIFIED PERSON"

He is alleged to have committed the offences between May 20 and 26 at Bondeni in Mombasa County.

Mr Yamina argued that an “unidentified person in the police affidavit used the motor vehicle that was in possession of the accused to supply weapons to terrorists in Boni forest.”

“The person who is still at large, is wanted by police but the accused has refused to reveal his identity, and if he is released, he will assist him escape,” he said.

Mr Yamina further argued that the court has opportunity to review bail based on change of circumstance and cancel the bond it granted to the accused person.

Hearing of the case continues.