State wants case on mosque raid heard in camera

By WILLIS OKETCH

The State wants the media and public barred from court proceedings in a case linked to the raid on the controversial Musa Mosque in Mombasa. 

Police are being probed over the disappearance of a suspect who went missing after being arrested during the February 2 storming of the mosque.

Police claim Salim Hemed Salim escaped from their custody as he was being transported to Makupa Police Station in Mombasa.

Applying for barring orders yesterday, a State lawyer claimed that in the course of public proceedings sensitive information has leaked to the outside world, with identities and pictures of suspects posted on social media.

He also claimed that the proceedings touched on terrorism and witnesses therefore ought to be protected from adverse publicity.

State lawyer Alex Muteti told Justice Edward Muriithi that journalists and the public should be barred from attending the proceedings for allegedly posing a threat to witnesses in the case.

Muteti told the court that his second witness, Inspector Wasonga, had raised complaints over posting his photographs on Facebook.

The state lawyer made this application yesterday saying since the case was falling under prevention of terrorism law, the witness should be protected.

 Muteti, who has been leading the police officers who were summoned to testify over why they cannot produce Hemed, said some information the police were giving in court should not be passed to the public.

State security

He complained that the lawyers making the application to have Hemed produced in court were asking for information that touches on the security of the country, which cannot be shared with the public.

 Muteti said the police raided the mosque on suspicion that the people attending the convention were committing terrorism activities.

Lawyer Abubakar Yusuf, who is representing Hemed’s family, opposed the application saying it was misplaced and unconstitutional.

He said the public had a right to attend the proceedings, arguing the application can only apply when someone is being investigated for terrorism activities.

 Justice Muriithi will give a ruling on whether to bar the media and the public from attending the court proceedings on Monday.