The High Court in Mombasa has stopped the Director of Public Prosecution (DPP) charging of Mombasa County Executive Committee Member (CECM) for Lands Hussein Mohamed aka Amadoo over alleged sodomy and assault of blogger
Justice Wendy Micheni extended the order to October 2, 2024.
This came as Mombasa Governor Abdulswamad Nassir distanced himself and his mother from the assault and sodomy of the blogger
On Monday, the governor termed attempts to drag him into the matter as witch hunt.
Nassir vowed to clear his family's name and ensure all those defaming him are brought to book.
Nassir also defended Mohamed against claims of assaulting the blogger saying he was being crucified for being his (governor) ally.
"This is a trying moment for me and my family. For those who know me, I have been in the political field for over a decade and throughout my life, none of my family has ever meted violence on anyone,” he said.
“Even when I go out to public forums, I have never been vulgar. For those who know me and the kind of politics, I will never stoop that low," he added.
In the High Court order, the judge restrained Director of Criminal Investigations (DCI) and DPP from arresting, charging, detaining, holding and interfering with Mohamed's freedom of movement.
"In the meantime the respondents are restrained from arresting, detaining, holding or interfering with the freedom of movement of Mohamed (applicant) for the next four days," said the Judge.
The judge however said that the order should not be construed as an interference with the police investigations.
"For avoidance of doubt, the order should not be construed as an interference with the investigations any of the respondents may be conducting or intending to conduct in respect to the applicant. To this end, the respondents may summon and applicant should respond to any such summons and he may be accompanied by his advocate or agent between the hours of 9 am and 4 pm," said Justice Micheni.
Mohamed was taken to the Shanzu Law Courts but failed to appear before the magistrate after his lawyer Jared Magolo produced the High Court order.
He was arrested on Sunday over alleged involvement in the assault and sodomy of the blogger.
The DPP said they cannot proceed with charging Mohamed until the High Court application is heard and determined.
Mombasa governor and his mother are expected to record statements over assault of the blogger.
Last week, the DCI told Shanzu Resident Magistrate Robert Mbogo that Nassir, his mother and Mohamed were set to record statements with the police over the kidnap and assault of the blogger.
DCI officer, Corporal Irene Karuga, told Mbogo that efforts were underway to have the governor record a statement.
On Monday last week, four suspects, Abdul Hassan Sindimba, Haji Babu Ndau Mohamed, Esther Muthoni and Violet Adera, were charged with abduction and gang raping of the Mombasa-based blogger WD.
The four denied the charges and were remanded until Thursday.
“Efforts are underway to arrest the remaining suspects and statements recording including that of Mombasa County Governor, his mother, and other senior and prominent County Government of Mombasa officials who we have intelligence report that they are assisting some of the suspects to go into hiding,” Karuga told the court.
The officer said that the phones of over 15 suspects have been switched off since the arrest of four accused persons.
Karuga said that WD who is a critic of Mombasa county politics, had posted a TikTok video of himself criticizing the governor’s interaction with Mombasa Women Representative Zamzam Mohammed.
“Going by the comments and audio clips which were posted, this is suspected to be the reason for the abduction and later gang rape of WD which was subjected to his complainant,” she said.
