Court postpones terror suspect's case to allow him undergo surgery

A Malindi court on July 19, 2016 postponed the hearing of a terror suspect, Salim Mbaruku, to undergo a surgery after he sustained an injury. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • The suspect denied being a member of the militia group when he first appeared before a Malindi court.
  • He was charged jointly with Mr Abdulrahman Babu and Mr Said Abdalla.
  • Court had been told they were found to be members of Al-Shabaab group.

The hearing of a terrorism case has been adjourned to allow a man accused of being a member of Al-Shabaab militia to undergo a surgery. 

State prosecutor Eugene Wangila asked the court to postpone the hearing of the case, which was scheduled for Tuesday, to enable Mr Salim Mbaruku to be operated on.

“We were ready to proceed with the hearing of the case, however, we have been informed that one of the suspect has developed a hind limb problem and is unable to walk, we pray that the matter be given a further hearing date,”he told Shanzu senior principal magistrate Diana Mochache.

He said the suspect developed complications and is unable to attend to the hearing of his case, where he is facing terror-related charges.

The suspect denied being a member of the militia group when he first appeared before a Malindi court.

He was charged jointly with Mr Abdulrahman Babu and Mr Said Abdalla.

The court had been told on June 18, 2016, the three accused persons with others not present in court, were found to be members of Al-Shabaab terror group at Mukunumbi Shopping Centre in Lamu West sub County.

They faced an alternative charge of holding meeting to plan how to commit terror activities in the country.

The case had been transferred to Mombasa after office of the Director of Public Prosecution (DPP) said the Malindi court lacked adequate facility to hold terror suspects.

State prosecutor David Fedha had told the court Malindi Law Court is not well equipped for trial of terror suspects compared to Shanzu Law Courts in Mombasa that are situated inside the prison premises.

The office of the DPP also cited volatile security reasons to have the case transferred to Mombasa Law Courts.

The three suspects who have no legal representation had complained of torture and harassments by the arresting officers.

Mr Mbaraku had told Malindi judge Said Chitembwe that he was tortured while at police Station in Lamu and he even has injuries in his ‘private parts.’

Mr Babu on the other hand, had complained they had been detained in police custody beyond the 24 hours provided for in the Constitution.

The case will be mentioned on August 23.