Four female Shabaab terror suspects want petition forwarded to CJ

Four women facing a charge of being members of Al-Shabaab terrorist group want a petition they have filed forwarded to Chief Justice Willy Mutunga to constitute an uneven number of judges to hear it.

Ms Ummulkheir Sadri Abdalla, Khadija Abubakar Abdulkadir, Maryam Said Aboud and Halima Adan Ali said the court has jurisdiction to refer the case to Dr Mutunga if it raises substantial points of law.

Through lawyers Hamisi Mwadzogo and Chacha Mwita, they argued that matters raised raise substantial points of law.

(READ: Four female terror suspects have links with jihadists, says report)

On Wednesday, they told Justice Dora Chepkwony the first issue is whether provisions of Section 33 of Prevention and Terrorism Act No 30 of 2012 are constitutional.

Mr Mwadzogo said another issue being raised is the constitutionality of Section 33 and what is the right procedure to be adopted for pre-charge detention.

He added the point raises three issues among them whether petitioners’ current detention at Shimo la Tewa prison before plea taking from December 9 to date is legal.

(READ: Shabaab ‘brides’ released on bond)

“We are asking whether the third respondent (Director of Public Prosecutions) action of preferring new charges in a different court during subsistence of another case did amount to an abuse of court process,” said Mr Mwadzogo.

He added that it is in the interest to know the right procedure in opposing bond and they have nothing “personal” against the DPP.

“The applicants are now saying the third respondent (DPP) is abusing the court process and are preventing the administration of justice in this particular matter,” said Mr Mwadzogo.

On his part Mr Chacha Mwita said the action to register new charges against the four suspects is an effort to defeat justice.

“”I urge the respondents to take the application in good faith as it serves to protect the independence of the DPP,”said Mr Chacha.

In his response, the DPP, through senior prosecuting counsel Daniel Wamotsa, opposed the application, saying it is based on a petition which is not correct before the court.

“There is no competent application before you, it is fatally defective, incompetent and deserves to be dismissed, parties coming to court must use the right procedure for invoking the jurisdiction of the court,” said Mr Wamotsa.

He added that there is nothing before the court to be referred to the Chief Justice for constitution of an uneven number of judges.

Assistant DPP Alexander Muteti is expected to argue his submissions on Thursday in opposing the application to have the petition referred to the CJ.