Muslim cleric awarded Sh670,000 over seized property
Fiery Islamic preacher Sheikh Abubakar Shariff alias 'Makaburi' (left), his lawyer Mr Mbugua Mureithi (left) and Francis Auma from the Muslims for Human Rights (Muhuri) leave Mombasa Law Courts after the High Court awarded him Sh670,000 in damages. Photo|Laban Walloga.
What you need to know:
- High Court judge Maureen Odero ruled that police failed to sufficiently explain why they detained electronic equipment, phones and computer accessories they had seized from Mr Abubakar.
- However, the judge ruled that the police were justified in carrying out the search as it was sanctioned by a warrant issued by a magistrate’s court. But a warrant was not a licence for the police to seize property and then keep in their custody for as long as they wished, she added.
Fiery Muslim cleric Sheikh Abubakar Shariff Abubakar alias Makaburi has been awarded over Sh670,000 as damages for unlawful detention of his property seized by police in a raid on his house four years ago.
High Court judge Maureen Odero ruled that police failed to sufficiently explain why they detained electronic equipment, phones and computer accessories they had seized from Mr Abubakar.
“I find that the action of police in retaining the seized items until ordered by the court to produce them contravened the criminal procedure code and was unlawful,” she ruled.
The award comprises Sh400,000 for general damages plus interest and a further Sh270,000 as special damages occasioned by payment of legal fees in the case.
However, the judge ruled that the police were justified in carrying out the search as it was sanctioned by a warrant issued by a magistrate’s court. But a warrant was not a licence for the police to seize property and then keep in their custody for as long as they wished, she added.
“Section 118 of the criminal procedure code provides that any article seized in pursuance of a search warrant is to be taken before a court having jurisdiction to be dealt with in accordance with the law” said Lady Justice Odero.
Officers from the Anti-Terrorism Police Unit searched Mr Abubakar’s Sabasaba house following claims that the cleric had stored arms, drugs, explosives, illegal firearms and military uniform inside.
However, the materials were not found and instead the police took away the listed items.
Mr Abubakar moved to the court through lawyer Mureithi Mbugwa challenging police action and subsequently the court directed police to release the items to him.
In her ruling, the judge disagreed with Chief Inspector Abednego Kilonzo who testified before her that the items were retained for forensic analysis at the CID headquarters in Nairobi.
If the police needed to conduct further analysis on the seized items, they ought to have first returned them to court and sought fresh orders for retention, the judge added.
