Court: Iranians on terror charge to remain in custody

Iranians on terror charges Ahmad Abolfathi Mohammad (right) and Sayed Mansour Mousavi (left) in court June 27, 2012. The two will remain in custody until their case is heard and determined the court ruled August 16, 2012.

What you need to know:

  • Court says Ahmad Abolfathi Mohammed and Sayed Mounsour Mousavi could abscond if released on bond.
  • Sh2million cash bail granted on July 16 cancelled.

The two Iranians facing terrorism charges in Kenya will remain in custody until their case is heard and determined.

High Court judge Lydia Achode said Thursday if Ahmad Abolfathi Mohammed and Sayed Mounsour Mousavi are released on bond they may abscond since they "have no fixed abode in Kenya".

Lady Justice Achode said there are compelling reasons to warrant her to cancel the Sh2million cash bail they were granted on July 16 by senior principal magistrate Paul Biwott.

“It would not be in the interest of justice to grant the suspects bond although the Constitution requires all suspects be granted bail.”

She said that the court is mindful of the events preceding their arrest.

"There were explosions going off in various parts of the country whereby scores of people were injured, maimed and others killed," said the judge.

Lady Justice Achode said the recovery of the 15 kilogrammes of RDX explosives at the Mombasa Golf Course on June 20 was made possible by the accused.

"Their arrest was a result of intelligence reports, which showed that 100 kg of RDX explosive materials had been shipped into the country from Iran through the port of Mombasa.

"This lends credence to the intelligence reports which indicates that a consignment of 85kg of explosives remains uncovered and may be used by the suspects to harm innocent Kenyans."

The judge allowed the plea by the prosecution that the suspects were a threat to Kenyans.

She ruled out discrimination against the accused due to their colour saying “there is no extradition treaty with Iran" and "it would be impossible to prevail upon Iran to return its nationals to be prosecuted".

The judge allowed the State's plea and cancelled the bond earlier granted to the suspects.

The two have denied being in possession of the explosives. Their trial resumes on August 21 before Mr Biwott.