Terror case could be moved to Shimo La Tewa Prison due to safety

A case in which a Muslim preacher is charged with being a member of a terror group could be transferred to Shimo La Tewa Prison for security reasons.

The Director of Public Prosecution, Mr Keriako Tobiko, intends to apply to a Mombasa court to transfer the case where Sheikh Abubakar Shariff Abubakar is charged with being an Al-Shabaab member.

Sheikh Abubakar alias Makaburi, who is represented by Mr Mureithi Mbugua, was charged alongside Sheikh Aboud Rogo, who was later shot dead in mysterious circumstances in 2012.

INCITEMENT

They denied being engaged in an organised criminal activity, being members of Al-Shabaab, contrary to Section 3(3) as read with Section 4(1) of the Prevention of Organised Crimes Act, 2010.

They were arrested on December 21, 2010 days after a Kampala Coach bombing in Nairobi and charged the following day. They also denied nine other charges of incitement to violence in the same year.

The case failed to proceed on Thursdat to allow the DPP to make the application before the magistrate, who was also away at a conference.

Senior resident magistrate Benmark Ekhubi directed that the file be placed before senior principal magistrate Richard Odenyo on April 9 for direction.

Prosecution counsel John Mureithi, holding brief for Jami Yamina, told the magistrate that they will make the application once the matter is heard.

The State also seeks to have some of its witnesses placed under a witness protection programme.

The prosecution further intends to amend the charge sheet and remove the name of Sheikh Rogo.