By SAM ALFAN
THE Four men accused of carrying out the terrorist attack at the Westgate Mall in Nairobi will remain in custody pending their trial.
Nairobi Chief Magistrate, Kiarie Waweru Kiarie, ruled that it was in the national and public interest for the suspects to remain in custody until the outcome of the criminal case.Court has declined to grant cash bail to four West gate mall terrorist attack suspects.
The Magistrate agreed with the prosecution that the accused persons were a flight risk and had no fixed abode. The identity and nationality of one of the men was yet to be established, he said. The case will be mentioned on December 18 for further directions.
Mohammed Ahmed Abdi, Liban Abdullah Omar, unknown Alias Ibrahim alias Adan Dheq and Hussein Hassan Mustafah are suspected to be behind the September 21 terror attack in Nairobi’s Westgate Shopping Mall, which was under siege for four days.
The four Somali nationals were charged 0n 4/11/2013 before a Nairobi Chief Magistrate Dolphin Okundi where they faced a total of seven counts. They denied the alleged offences through a Somali translator.
The prosecution accuses them of carrying out a terror act and that they committed the offences jointly with others who were not in court. Prosecution has persisted that the accused should remain in custody until the case is heard and determined. They informed the court that if the accused are released they can tamper with the investigation or involve themselves in another terror attack.
The defense team protested that they have been unable to study the affidavit presented by the prosecution in pressing that the suspects should be denied bail and be held in police custody to facilitate further investigations. Mureithi will return tomorrow to respond to the s affidavit.
The first count alleges that the four committed a terror act, jointly with others not before court, on September 21 at Westgate Shopping Mall.
Abdi , Mustafah and Omar were separately accused of knowingly supporting Mohammed Abdinur Said, Hassan Dhohullow and others in committing the terror attack.
Dheq was further accused of harbouring terrors suspects, obtaining registration by false pretences and being in the Kenya illegally. The prosecution says that on or before October 7 this year at Salman al-Farsi Madrassa along Muyuyu Avenue Eastleigh, he knowingly
harboured Abdikadir Hared Mohammed, a terror suspect.
According to the charge sheet, Dheq wilfully and by false pretences procured registration as a Kenyan Citizen on or before July 13 2010.
It is alleged that he committed the offence at the national registration bureau office in Mandera town, where he was issued with a Kenyan identity card number 27168535.
The suspects who were not initially represented had denied the charges and were remanded at Kilimani Police Station for seven days as police continue with further investigations.