Noordin Haji to appeal against acquittal of Hania Sagar
Hania Sagar savours the moment after being acquitted of conspiracy charges by Justice Dora Chepkwony on October 5, 2018 in Mombasa. PHOTO | BRIAN OCHARO | NATION MEDIA GROUP
What you need to know:
- State counsel Mutua argued that the prosecution is not satisfied with the ruling because their evidence against Ms Sagar was watertight.
- Sagar was charged jointly with Luul Ali Tahli, Nasteho Ali Tahli and Zamzam Abdallahi - who were also acquitted due to lack of enough evidence.
The Office of the Director of Public Prosecutions will on Monday file an appeal challenging the acquittal of Hania Sagar, who had been sentenced to 10 years in prison for conspiracy to commit a terrorist attack.
State counsel Ngina Mutua on Friday asked the court to detain the widow of slain Muslim cleric Aboud Rogo as they prepare to file the notice and application at the Court of Appeal.
High Court Judge Dorah Chepkwony on Friday dismissed the sentence reached by a magistrate court and ordered that she be set free.
"The trial court should have proceeded to acquit the appellant after acquitting three other suspects who were charged with the similar offence.
"I conclude...the conviction is hereby quashed and sentence set aside, the appellant is at liberty forthwith unless lawfully held," Ms Chepkwony ruled, adding that the evidence against her was insufficient.
CUSTODY
But she ordered her detainment as they await directions from the Court of Appeal. She gave the prosecution two days to file the notice.
"In the event that there will be no directions and orders from the Court of Appeal, the appellant is to be released forthwith by the close of business on the said date," she ruled.
State counsel Mutua argued that the prosecution is not satisfied with the ruling because their evidence against Ms Sagar was watertight.
"I have received instructions to apply for stay orders as we are contemplating challenging the decision that has been made regarding the matter at the Court of Appeal," she said
INNOCENT
But Ms Sagar's lawyer Mbugua Mureithi protested.
"It would be unlawful to continue holding an acquitted person. The prosecution has the liberty to file an appeal but that should not be used to infringe on her rights, considering she has been declared innocent," Mr Mureithi said.
Ms Sagar was charged jointly with Ms Luul Ali Tahli, Ms Nasteho Ali Tahli and Ms Zamzam Abdallahi - who were acquitted due to lack of evidence.
They were accused of failing to disclose information that could have prevented an attack at Central Police Station, Mombasa, in September 2016 that led to the death of the assailants - Tasnim Yakub, Ramla Abdirahman Hussein and Maimuna Abdirahman.
