On Tuesday this week, a clearing agent John Kibe was to plead guilty of clearing a concealed uncustomed good at Lunga Lunga One Stop Border Point in Kwale County.
It was believed to have been meant for the terror group Al-Shabaab.
When prosecutor James Machira read to him the details surrounding the importation of a drone - DJI Matrice 350RTK serial number 074606, he changed his mind.
He told Kahawa Law Court magistrate Boaz Ombewa that the information by the Director of Public Prosecutions was not what he was expecting.
The session was marred by a heated exchange between Machira and Cohen Amanya, who is representing Shueb Rashid and Dekow Sheikh in the same trial.
Rashid and Sheikh are facing other charges; conspiracy to commit a terrorist act, provision of property and services for commission of terrorist act, and importing an unlicensed aircraft system.
They also faced another charge of soliciting and giving support for the commission of terrorist act and acquisition of restricted goods. The two, just as Kibe, denied the charges. Their lawyer lamented that if the details supporting the charges were read, his clients would be prejudiced.
On the other hand, Machira argued that the case at that time involved Kibe and not his co-accused. The magistrate overruled Amanya and directed Machira to continue.
Now, the case would have just passed everyone’s eyes owing to the demonstrations that were happening in the country over the Finance Act, 2024.
However, details of how the drone landed in Kenya, from South Africa and its final destination, Somalia, reveal intrigues of how the government went for a dozen of persons before singling out the three.
DJI Matrice 350RTK drone is not your kind of small drone. It is indicated to be a next-generation drone platform which is equipped with a new video technology transmission system and remote control known as DJ pilot.
Further, it has more efficient battery system, and comprehensive safety features, as well as robust payload and expansion capabilities.
At the same time, it has 55 55-minute flight time, a night vision camera, six directional sensing and positioning and a 2.7 kilos payload weight. There is also room for expanding it and is built for harsh environments.
The drone can be used for mapping, both in three or two dimensions which makes it easy to use for air and ground coordination.
A search of its capabilities indicates that it can quickly map a site and send it to either ground or air controllers.It also has an automated precision inspection where a person can adjust framing an object to improve accuracy or repeated shooting.
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In the meantime, the drone can fly at least 7,000 metres and has a 15km maximum transmission capability. It costs at least Sh1.3 million. The one at the center of the case was procured at $9,800.
How did the drone at the heart of the case get to Somalia, through Kenya from South Africa? The prosecution told the court that the drone was destined for Dhobley, Somalia and was to be handed to one Ali Yale.
Yale is claimed to have contacted Shueb on September 26, 2023 seeking to have a camera. He is alleged to have specified that he needed a drone sourced from South Africa. The only problem was that the particular drone needed authorization from the government before it is shipped into the country.
It was further alleged that Shueb ended up meeting an employee who works with Chrome Cargo South Logistics in South Africa by the name Fatuma.
She informed him that they had a memorandum of understanding with African Salahiya Cargo and they act as agent of each other.
It is claimed that after knowing the price of the drone, he allegedly relayed the same to Ali Yale. A total of Sh1.5 million was reportedly wired through an M-Pesa agent.
It was then wired to South Africa through two individuals who operated Dhahabshil and Hawala business.
According to the State, another $1,000 was wired for clearance. The drone was handed to Masafa Logistics. Its lorry went through Botswana, Zambia, Tanzania before arriving at Lunga Lunga on October 18, 2023.
That is when Kibe came to the play. He was alleged to have cleared the lorry on behalf of Masafa Logistics.
It was claimed that the drone was among goods kept at Msafa godown along Park Road for five days.
On October 23, 2023, the drone is said to have been taken to African Salahiya. Shueb was allegedly to collect it but he sent one Abdihakim Dabar Ali.
Dabar is said to have met Dekow. He is claimed to have sent Shueb the photos of the drone. It ended up with Hidig Parcel and was to be sent to Dhobley to one Ali.
Small box
Hidig then ferried the drone to Somalia via a lorry registration number KDB 193J. The lorry arrived at Dhobley. As they were offloading, Kenya Defence Forces under Amisom conducted a search where they found the drone. The court heard that the same was acquired by Al-Shabaab operatives.
Shueb was arrested in Dadaab on October 26, 2023. Also arrested was Abdihakim Dabar in Eastleigh on October 27 and arraigned on November 1, 2023.
Then, police went for Ahmed Abdi the following day and was arraigned on November 3, 2023. They were allowed to hold them for 30 and 20 days respectively, for investigations.
The police widened the investigations dragnet and arrested Abdi Sheikh Abdirahman, Mohamed Sheikh Abdirahman, Ibrahim Sheikh Abdirahman, Ahmed Mohamed Sheikh, Ali Abdi who were all working with Salahiya Logistics. The court allowed them to be held for 27 days on November 4, 2023.
Then, Mohamed Abdisalim, an M-Pesa operator in Eastleigh was also arrested the same day. He was, however, released two days later.
On November 5, 2023, the Anti-terror Police Unit arrested Lossy Wawira and Patrick Mutuku. The two are verification in charge and deputy verification officer at Lunga Lunga One Stop Boarder point.
It emerged that the drone had been listed as a small box in the cargo manifest. After investigations, all those who had been arrested were cleared. Nevertheless, the government settled to charge Kibe, Shueb and Dekow.
Machira told the court that the ATPU wrote to the Kenya Civil Aviation Authority (KCAA) seeking to know if it had issued a license for the unmanned aircraft. KCAA responded to the negative.