Terror suspects detained for 20 days
What you need to know:
- Women were arrested while trying to cross to Somalia.
- Prosecution says the three could flee or interfere with investigations if granted bond.
Three women arrested while trying to cross into Somalia allegedly to join Al-Shabaab will be detained for 20 days to allow police to complete investigations.
Mombasa senior resident magistrate Irene Ruguru allowed the application by the prosecution seeking to have Ms Khadija Abubakar Abdulkadir, Ms Maryam Said Aboud and Ms Ummulkhayr Sadri Abdulla remanded at Kilindini, Makupa and Nyali police stations respectively.
Ms Ruguru noted that it was not in dispute that the suspects were arrested while going to Somalia hence if granted bond pending investigations there are “chances of them leaving the jurisdiction of the court thereby prejudicing the investigations”.
RIGHT NOT ABSOLUTE
“The right to liberty is not absolute as provided under Article 24 of the Constitution,” said Ms Ruguru. “The fact that the suspects have not been charged with any offence does not mean that they cannot be detained legally.”
According to documents filed in court, the three were arrested at El Wak on the Kenya-Somali border in Mandera County last Friday while attempting to cross to Somalia.
In his application, prosecuting counsel Eugene Wangila told the court that investigations are still ongoing.
Mr Wangila said investigations are expected to cover the “larger” East Africa. He told the court that the women’s right to liberty is not absolute and that laws regarding issues related to terrorism allow a suspect to be detained for 90 days.
However, the suspects through their lawyer Hamisi Mwadzogo opposed the application to have them remanded.
Mr Mwadzogo argued that the submissions by the prosecution were allegations with no material placed before court to sustain them.
“No viable reasons have been placed before court to grant the application,” said Mr Mwadzogo, adding that the court had not been told how the suspects were a threat to warrant them being in custody for 20 days.
He argued that investigations could still be carried out while the suspects are free.
“They can be given bond pending investigations, they have been cooperating with police,” he said.
He urged the court to take judicial notice of the “overpolarisation” of the matter.
The magistrate allowed the suspects to retain the right to communicate with their advocate and relatives while in custody.
The case will be mentioned on April 20.
