102 Musa mosque suspects likely to face terror, robbery charges

Friends and relatives of some of the Jihad Convention suspects who are being held at the Shimo la Tewa GK Prison, including Mombasa County Women Representative Mishi Mboko (front centre), inside Mombasa High Court Thursday.   [Photo: Gideon Maundu/Standard]

By Willis Oketch and Patrick Beja

Mombasa, Kenya: The State dug in its heels Thursday, ignoring requests to free the 129 suspects held in Sunday’s mosque incident in Mombasa and indicated that 102 of them will face terrorism and robbery with violence charges.

Most suspects face 33-year jail terms, if found guilty, because they will be charged under Kenya’s new Terrorism Prevention law, according to experts interviewed in Mombasa. The experts also indicated that proving any crimes under this legislation has been made easier than under the Penal Code.

They said that additional charges, which require further forensic analysis like finger print examination and DNA analysis, will follow. Unconfirmed reports indicate that some suspects might turn into State witnesses against organisers of Sunday’s mosque convention.

A lawyer for most of the suspects told The Standard Thursday that he had been informed by the prosecution that investigations on the suspects “will be completed today (Thursday) and charges brought tomorrow (Friday).”

Sources close to the investigations said the prosecutors were targeting a group of a dozen youths over the theft of a G-3 rifle from a GSU officer and possession of an AK-47 rifle police claim was found in the mosque. All 102 will be charged with participating in terrorism activities under Kenya’s new terrorism laws, charges the State intends to prove by demonstrating that the lectures allegedly issued during the Jihad Convention were inciting and exhorted participants to join Al-Shabaab and other banned militant groups.

Reports show that leaders who spoke during the convention will most likely face additional charges of incitement for propagating hate ideology. Prosecutors indicate they will rely on recordings made on that day and earlier.

Another lawyer, Mr Mohamed Balala, failed to convince the High Court to release the 129 suspects ordered detained by the magistrate’s court at Shanzu Law Courts on Monday, only managing to secure freedom for three suspects aged 12 years and below.

By Thursday, relatives and lawyers had not been allowed to see the suspects at Shimo la Tewa Maximum Security Prison, where they have been held since Monday.

The Standard has seen a copy of an affidavit sworn by Corporal Simon Simiyu, the lead investigator of the Anti-Terrorist Police Unit (ATPU), which indicates the suspects were  likely charged with “the offence of being members of a terrorist group, namely Al-Shabaab”.

Reports indicated Thursday that 27 suspects might be set free, without charges, but under strict conditions that will render them virtual captives of the police. It is  not clear if those to be freed include three female suspects but investigators preparing one of the largest mass trial of suspects in Kenya’s judicial history indicated that most minors will be freed. According to rights group Haki Africa, there are 21 minors among the detainees at Shimo la Tewa Prison.

Thursday the Supreme Council of Kenyan Muslims and Lamu based Muslim Youth of Kenya through their officials Muhdhar Khitamy and Rishad Amana urged the State to free the suspects unconditionally. But there was no indication the State would accept their request.