Court orders locking up of Garissa varsity terror accused
From left : Mr Rashid Charles Mberesero, Mr Osman Diriye Dagane, Mr Sahal Diriye Hussein, Mr Hassan Edin Hassan and Mr Mohamed Ali Abikar appear in a Nairobi court on June 11, 2015 to face charges of massacring 148 people at Garissa University College on April 2, 2015. They denied the charges and were remanded until the case is heard and determined.
What you need to know:
- The magistrate said the interest of the public and the security situation in the country override the suspects' right to bail.
- He added that the offences the suspects are accused of are "grave" on account of the number of "lives that lost in the incident".
- He also dismissed the suspects' claims of torture, saying they contradicted themselves while making the allegations thus making it difficult for him to make a finding.
Five suspects held over the Garissa University College terrorist attack have been denied bail due the prevailing insecurity in Kenya.
A Nairobi court on Thursday ruled that Mr Mohammed Ali Abikar, Mr Hassan Edin Hassan, Mr Sahal Diriye Hussein, Mr Osman Abdi Dagane and Mr Rashid Charles Mberesero remain in custody until their case is determined.
The five are facing 152 charges of committing terrorism acts, including the Garissa one that claimed 148 lives on April 2.
"Their release may endanger public security and compromise safety at large. They may also interfere with witnesses," presiding Magistrate Daniel Ogembo ruled, agreeing with the arguments of prosecutor Dancun Ondimu.
PUBLIC INTEREST
The interest of the public and the security situation in the country, the magistrate said, override the suspects' right to bail.
"This court is alive to the numerous acts of terrorism that have been committed at various locations in the country. Kenyans are crying over insecurity... if released on bail, there is a likelihood that the accused persons may ... fail to turn up for trial as the offences they face are serious," he said.
He added that the offences the suspects are accused of are "grave" on account of the number of "lives that lost in the incident".
TORTURE CLAIMS
"There is also the issue of the security of the accused persons themselves," the magistrate said.
He also dismissed the suspects' claims of torture, saying they contradicted themselves while making the allegations, thus making it difficult for him to make a finding.
"At one point, they praised the good treatment in the hands of investigators. Later, they alleged torture and mistreatment. With such scanty evidence and the denial of the prosecution, the court is not in a position to make an accurate finding," he said.
The case will be heard on August 24 and 25.
