Mpeketoni terror suspects have case to answer, court rules

Two people charged with the murder of 60 people in Mpeketoni, Lamu County, in a terror attack in 2014 have a case to answer.
The High Court in Mombasa said upon evaluation of evidence, a prima facie case against Mahadi Swaleh Mahadi and Dyana Suleiman, has been established to put them on their defence.

“The accused can choose to address the court or through their advocates,” said Mr Justice Martin Muya in a short ruling on Thursday.

Through lawyer Taib Ali Taib, Mr Mahadi, alias Jesus, told the court that he will call 10 witnesses during defence hearing.

Mr Salim, a matatu driver, through his lawyer AB Olaba, told the court that they intend to call three witnesses including himself (Salim).

The prosecution, led by Assistant Director of Public Prosecution Alexander Muteti, closed their case against the two accused on Wednesday.

During the hearing of the case, the prosecution called 32 witnesses, some of whom were under the Witness Protection Agency, forcing some sessions to be conducted in camera.

According to the prosecution, the offences were committed during the period between June 15 and 17, 2014 at Kaisari Village and Mpeketoni Township in Lamu County.

RELATED CASE
Separately, in a related case, two men facing 12 counts of murder in relation to similar attacks in Hindi Location want the court to acquit them.

Mr Swaleh Shebe Auni and Mr Joseph Chege, in their submissions, told the court that the prosecution has not established a prima facie case to put them on their defence.

Through lawyers Jared Magolo and Mr Olaba, the two accused said none of the prosecution witnesses, apart from one whose evidence they termed as unreliable, placed them at the scene of the attacks.

Mr Magolo further told the court that the prosecution has failed to connect his client (Mr Auni) to the deaths and prosecution witness evidence did not place the accused at the scene.

“Witnesses said the attackers were Somalis while some spoke English, victims were unable to recognise attackers,” said Mr Magolo.

Mr Magolo said the prosecution provided only one witness (he was protected) with a view to connect the accused to the offence.

CONVICTED ON SAME CHARGES

He said the witness admitted to be a terrorist and was convicted on the same charges facing the two accused.

“There are several reasons that make the witness unreliable, although he faced the same charges, one question to ask is why was it necessary to separate them (with the two accused),” said Mr Magolo.

Mr Magolo said it was revealed that he (witness) had not given any information until he was arrested.

“You cannot place any reliance at all on the witness,” Mr Magolo told judge Muya, saying there was a possibility he was told to link the accused in order to secure his freedom.

On his part, Mr Olaba said the two accused are scapegoats to hide the ineptitude of the police saying not a single witness has placed the accused at the scene.

He also urged the court to find the witness evidence worthless and discredited.

Mr Auni and Mr Chege allegedly murdered Messrs Mzee Enock, Kombe Kiti, Enock Sila, Kenga Ngoma, Justin Chege,Abednego Kyalo, Raphael Muigai, Ken Mngara, Stephen Gichubi, Lawrance Kingori, John Karisa and Goyo Kenga.

The offences are alleged to have been committed on the night of July 5 and 6, 2014 in Hindi Location, Lamu. Ruling will be delivered on February 4.

The protected prosecution witness had admitted to killing the 12 people and was sentenced to death last year.

Court records indicate there were plans for plea bargaining but during sentencing the court noted the offences carry a mandatory death sentence.

“Until the Supreme Court holds otherwise, this court’s hands are tied on the issue of plea bargaining, the accused is sentenced to suffer death,” said Justice Muya.