Terror suspects want case halted over ‘illegal evidence’
By K24 Editorial, July 18, 2019Bernice Mbugua @BerniceMuhindi
Four terror suspects accused of planning anthrax attack in 2016 now want the High Court to stop their prosecution on grounds that evidence used against them was obtained illegally.
Mohamed Abdi Ali alias Shuhadaa, his wife Nuseiba Mohamed Hajji alias Umm Fidaa, Abdirahman, Idris Hassan alais Zakariya and Salah Mohamed Khalif alias Salahudin claim that electronic evidence used by the Anti-Terrorism Police Unit was obtained illegally.
Through lawyers Kioko Kilukumi and Charles Madowo, the four claim the trial court allowed three FBI agents to testify in the case despite their lawyers not being present in the case having walked out in protest.
Their lawyers had walked out in protest after the court allowed the FBI agents to testify before they could read through their statements to familiarise themselves and prepare in advance.
Justice Luka Kimaru heard that the trial court denied their right to fair trial for allowing the case to continue without legal representation. Ali and his wife who were medical students were charged in 2016 with 10 counts of terrorism-related charges.
The court heard that they promoted terrorism by linking up several known terrorists like Mohamed Abdullahi Hassan alias Miski operatives in Libya and ISIL/ISIS media wing known as Al-Hayat.
They were further accused of organising meetings in support of terrorist groups by making referrals regarding operations, financing, recruitment and were tasked with translating pro-Isis material.
According to the charge sheet, they were both found with articles connected with the commission of terrorist act.Ali had completed studies for medicine and was an intern at the Makueni County referral hospital. His wife was arrested at Entebbe airport in Uganda by Ugandan police on May 5, 2016.
Their lawyer Kilukumi further contends that ATPU did not initiate any extradition proceedings in Uganda before bringing Umm Fidaa to Kenya and the same amounted to abduction. The case will be heard from July 23 to 25.