I was framed, terror suspect tells Mombasa court

A terror suspect who was accused of recruiting members for Al-Shabaab on Thursday told a Mombasa court that he was framed when he was arrested after attending a funeral in Hindi, Lamu County.

Mr Kalume Ibrahim Dunda, through his lawyer Chacha Mwita, told the court he was arrested on his way back home after attending the burial, which was also attended by a politician whose name was not revealed.

“My client had attended a funeral and he was on his way back home when he met a group of armed police officers, it is surprising that he was arrested and charged with recruiting people to join a terror group,” he told Chief Magistrate Julius Nang'ea.

Mr Chacha said his client was in a group of youths and it happened that he (suspect) was the one leading the rest since he knew the area.

"It was then that my client was arrested and locked up in a police cell. What followed was a charge of recruiting youths to join Al-Shabaab," he said.

He said Mr Ibrahim was tasked with leading other youths who were not familiar with the road leading to Hindi.

The defence lawyer said it was unfortunate that Mr Ibrahim's efforts were interpreted to mean he was
recruiting youths to the terror group.

Mr Ibrahim has been charged jointly with Mr Mkauma Ali Mbuiya and denied the offence they are said to have committed on July 7, 2014 in Mazeras Township, Kilifi County.

The suspects are said to have, with others not in court, been found in Boni Forest on the Kenya-Somali border, attempting to cross into the neighbouring country with the intention of joining the terror group.

Prosecution had opposed the suspects being granted bail saying they were a flight risk, capable of interfering with witnesses and a threat to national security.

The defence lawyer told the court the prosecution had failed to prove their case beyond reasonable doubt by failing to name the persons that are alleged to have been recruited to the terror group.

He said the charges against the suspects were shallow and did not contain specific evidence linking the suspects directly to the offence they are facing.

“Your honour, the charge sheet has not provided even a single name of the victims or persons prosecution purports to have been recruited to the Somalia-based terror group, the same has not been corroborated with evidence from the suspects’ residence,” he told the court.

He further said that none of the prosecution’s civilian witnesses had said they had been recruited or they have heard the suspects were recruiting people to the terror group.

“Why is it that only police officers are claiming the suspects have recruited people to join Al-Shabaab and yet none has come forward claiming the suspects are recruiting people? He asked.

He said some of the prosecution witnesses had been forced to change their statements while others were ‘coached’ to give false testimonies.

While urging the court to acquit them, the suspects said the charges lacked merit and they could not hold since no names were given to prove that anyone had been recruited.

The suspects who called no witness had been put to their defence after they were found to have a case to answer.

Mr Ibrahim is out on a Sh1 million bond with one surety of a similar amount, while Mr Mbuiya is in custody after failing to meet bond terms set by the court.

Judgement will be delivered on November 2.