Magistrate and lawyer clash over trial venue

Terror suspects Mohammed Ibrahim Noor, Saumu Ali Athmani, Mwanajuma Mweru Tayari and Nargis Arafat Gulam at the Mombasa Law Courts, on Friday during the mention of their terrorism case. One witness has testified against them. A magistrate and a State lawyer had an altercation over the venue of a case involving four terrorism suspects. (PHOTO: KELVIN KARANI/ STANDARD)

A magistrate and a State lawyer had an altercation over the venue of a case involving four terrorism suspects.

State lawyer Daniel Wamosa wanted Principal Magistrate Martin Kiambia to have the case moved to Shanzu Law Courts.

The magistrate declined to stay his own orders allowing the Prosecution to file an application to have the case heard in Shanzu. Mr Kiambia said there was no reason to move the trial to a different venue.

“There is no change of circumstance to show why I should move the court to Shanzu, because previously the court had sat in Shanzu and now, the court is sitting here,” said Kiambia.

He said the High Court’s decision would not interfere with the proceedings and ordered the Friday session to proceed.

“Even if the High Court rules that the court moves to Shanzu, that will not interfere with the proceedings, so let’s proceed with the hearing,” directed Kiambia.

The four; Nargis Arafat Gulam, Mwanajuma Mweru Tayari, Saumu Ali Athmani and Mohammed Ibrahim Noor, and five children were arrested on September 16, 2015 at Mtwapa Weigh Bridge aboard a bus heading to Garissa.

Police, however, released the children and handed them to the suspects’ relatives.

Red bag

In their possession was a red travelling bag containing a HP laptop, a surveillance pen, military boots, and a set of high-quality screw drivers with magnifying glasses and pocket phones suspected to have been for use in commissioning terror acts in Kenya.

Mr Noor is accused of handing to the three girls the red bag at an unknown place and time in Mombasa County.

Mr Wamosa said the State would seek an order from the High Court to move the case to Shanzu, as was the case when the previous magistrate, David Njagi, was handling the case.

The magistrate was forced to order the prosecutor to sit down to allow the defence counsel to present his submissions after he insisted he be given a chance to reply to the defence’s submissions.

“Do you even listen? Sit down and allow your fellow counsel to present his case before you can reply to their submissions,” said Kiambia.

Wamosa said due to the security threat involved, the case should be shifted to Shanzu as had previously been ordered by Mr Njagi.

“Can you allow me to make my application first and then you can decide to move the court or not, allow me to make my application,” said Wamosa.

The heated argument saw some of the counsels in the court intervene. They told the Prosecutor to tone down and show respect to the court.

Defence lawyer Richard Chacha was accused of delaying the hearing of the case, which has been in court since 2014.