Shabaab-linked preacher charged with incitement

An Islamic preacher police linked to the Garissa University College attack was on Monday charged in Nairobi with inciting Muslims to kill non-Muslims and now faces a 30 year jail term if convicted.

The prosecution says Hassan Mahat Omar committed the offence on or before March 6 at Al-Hidaya Mosque in Eastleigh, Nairobi.

The offensive utterances, although not included in the particulars of the charge sheet which was read out in court, are allegedly contained in a compact disk titled Sheikh Hassan which, according to police, the preacher personally published.

Mahat is facing another case in which he is charged alongside his wife Fordosa Mohammed with being in possession of two hand grenades. The case is pending judgement at the Milimani Law Courts.

On Monday, prosecutor Danile Karori opposed his release on bail saying he was a terror suspect.

“He faces a serious charge of inciting Muslims to kill non-Muslims and another case of being found in possession of explosives … which point to the involvement of the accused person in offences against the public.

“We also ask the court to take judicial notice of the numerous terrorist attacks that target non-Muslims and deny him bail,” Mr Karuri submitted.

FACILITATED RECRUITMENT

Mahat was arrested a month ago and detained for investigations over his involvement in the Garrisa University College attack in which 147 people were killed.

The police claim he financed one of the deadliest attacks on Kenyan soil and had been in “constant” communication with Mohamed Kuno, an Al-Shabaab leader suspected of masterminding the Garissa attack.

Mahat had also been accused of “radicalising” youth and facilitating their travel to Somalia to be recruited by Al-Shabaab.

His lawyer Mbugua Mureithi on Monday protested that the present charge was not related to what he had been arrested and detained for a month ago.

“There was also an averment that he had obtained his identity card fraudulently but the matter has been through a full trail at the chief magistrate’s court in Kibera where he was acquitted in 2012,” Mr Mbugua told the court while opposing the prosecution’s request to have Mahat detained until the new case is heard and determined.

The lawyer said the present charge was defective as “no verbatim statement of incitement” was stated and Mahat has not been proven to be the maker of the offensive CD.

Senior principal magistrate Grace Mumasi deferred ruling on whether the suspect may be released on bond or not to Friday May 22.

The case will be heard on July 30 and 31.