From left, Omar Liban Abdullahi, Mohamed Abdi Ahmed, Ibrahim Adan Dheq (alias) and Hussein Hassan Mustafa at Milimani Law Courts Monday. [Photo: Mbugua Kibera/Standard]

By Fred Makana

Nairobi, Kenya: Four suspected terrorists believed to be behind the Westgate Shopping Mall siege were arraigned in court to face charges of supporting and committing a terror attack.

The four, Mohamed Ahmed Abdi, Liban Abdullahi Omar, Ibrahim Adan Dheq (alias) and Hussien Hassan Mustafah Monday appeared before Nairobi Chief Magistrate Dolphine Okundi to answer to seven counts of committing a terrorist act contrary to Section 4(2) of the Prevention of Terrorism Act, 2012.

State Counsel Mungai Warui told the court that the four jointly with others not before court allegedly supported and carried out a terrorist attack on September 21 at Westgate Shopping Mall in Westlands, Nairobi County.

Abdi, Omar and Mustafah, all of Somali origin, were also accused of supporting a terrorist group contrary to the law. They were accused that on September 21 jointly with others not before the court, they knowingly supported Mohamed Abdinur Said, Hassan Mohamed Dhohullow and others in committing a terrorist act at the Westgate Mall.

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False pretences

Dheq, the third accused, faced another charge of harbouring persons committing terrorist acts contrary to Section 10(a) to the Prevention of Terrorism Act, 2012. He was accused that on or before October 7 at Salman Al-Faris Madrassa along Muyuyu Avenue in Eastleigh, Nairobi County, he knowingly harboured one Abidkadir Hared Mohamed alias Mohamed Hussien whom he knew to have committed a terrorist act.

Dheq was further accused of obtaining registration by false pretences. He was accused that on July 13, 2010 at the National Registration Bureau office in Mandera town, Mandera County, being a Somali national, he willfully and by false pretences procured registration as a Kenyan citizen and was issued with a Kenyan identification card. On a different count, Dheq was also accused of being unlawfully present in the country despite being a Somali national. The court heard that the accused on October 14 at Salman Al-Faris Madrassa Avenue in Eastleigh was found to be unlawfully in Kenya without a valid permit or pass.

The prosecution strongly opposed the release of the accused on bail arguing that police investigations into the terrorist attack are in top gear.

The prosecutor also argued that if the four are released on bail, they were likely to interfere with on-going investigations before they are completed.

“It will be in the interest of justice if the accused are remanded until the police probe into the attack is completed,” the State counsel argued. The prosecutor also argued that the identity of the accused is still in question and if admitted to bail, some of the accused were likely to abscond.

He also informed the court that the data obtained from two mobile service providers during the investigations is being analysed to establish if additional charges will proffered against the accused. The State counsel requested the court to remand the four pending the determination of their case.

Al-Shabaab militants

 However, the four pleaded not guilty to all the charges and the magistrate ordered that they be remanded at Kilimani Police Station to allow police to complete investigations. The case will be mentioned on November 11 when the court is also expected to give a trial date.

The arraignment in court of the four suspects comes almost a month since Al-Shabaab militants killed at least 70 people and injured over 200 others at Westgate Mall.

Their appearance in court adds to the growing list of terrorism cases being heard in courts. In September, British national Jermaine Grant, 30, was charged in a Mombasa court with conspiring to carry out bomb attacks after he was found in possession of bomb-making material. He is yet to be convicted.

In May, two Iran nationals Ahmad Mohammed and Sayed Mousavi were found guilty of possessing powerful explosives they intended to use in preparing bombs.

The two were arrested in June 2012 for being in possession of 15kg of the powerful explosive RDX. They were later sentenced to life in prison on terrorism-related charges.