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(File photo)Activist Okiya Omtatah during a Court session at Milimani Law Court in Nairobi.


High Court has today directed an activist who moved to court yesterday to take his case to Mombasa High Court.

Okiya Omtatah was seeking the court to order the police to produce the preacher who was arrest at Masjid Musa mosque in Mombasa.

The activist has sued Attorney General and Inspector General of Police over the alleged disappearance of Hemed Salim.

The 30 year old preacher was arrested at the mosque alongside 129 youths some of whom were later released and other 72 arraigned before a Mombasa Court.

 They were charged with 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 activist accused police of violating their fiduciary duty to uphold the constitution. “Since his arrest on February 2 Salim has not been produced in court,” said the petitioner.

Omtatah says the continued incarceration of Salim is a violation of his constitutional right.

“That in regard to continuing violation of the constitutional right it is of untmost importance and urgency that flagrant violation of right to be stopped by the court without delay,” said Omtatah

Mombasa nominated senator Emma Mbura through the Kenyans for Justice Development Trust sought the released of Salim alleged that witnesses saw him being bundled into the police vehicle.

The mosque has been under the control of what the police said are militant Islamic youth including returnees from Somalia who have trained with Al-Shabaab.

It was built by the family of former Mombasa mayor Ali Taib and after the death of the family patriarch, affairs and running of the mosque was left in the hands of Taib’s brother. During the IPK insurgency in the 1990s that rocked the nearby Sakina mosque, Â orphans of the banned political party including the late Sheikh Aboud Rogo sought refuge in Masjid Musa and after infiltration of Al Shabaab insurgents in the mosque; Masjid Musa cemented its reputation as the hotbed of Jihadism in the country more than a decade ago. “That is the point when the Taib family left the running of the mosque to a selected committee.

The case will be heard in Mombasa High Court on 18 of February 2014.

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