BY SAM ALFAN,
A couple was yesterday charged with being in possession of two grenades in Nairobi’s Eastleigh area.
The two Hassan Mahati Omar and his wife Fardosa Mohamed Abdi who were arrested on Tuesday appeared before Senior Principal Magistrate Ellena Nderitu accused of two counts of being in possession of explosive material contrary to section 29 of Explosive Act Cap 115 laws of Kenya.However the couple pleaded not guilty to the charges they are facing.
The prosecution through an application requested the court to deny the accused bail on grounds that they were a secuirty threat and police had information that accused were in possesion of 20 grenades but only two were recovered.
“Police are striving to seal any loopholes in their investigations as the accused refused to cooperate with them on the whereabouts of the other grenades. It should also be noted that the grenades recovered were meant to be used against innocent citizens,” argued the prosecutor Isiaiah Mwiranga.
He also argued that if the accused are released on bail they were likely to intervene with ongoing investigations.
Mwiranga told court that the accused on April 1 at Madina Apartments in Eastleigh Section 7 within Kamukunji area, Nairobi were found in possession of two hand grenades intended to cause grievous harm to members of the public.
Omar and Abdi also faced a second count of committing terrorism contrary to the law after it was alleged that on the said date being members of Al Shabaab they were both found in possession of the two hand grenades which were meant to be used for terrorism activities.
A heated exchange ensued between the prosecution and defence on whether the two should be admitted to bail. In his submissions the accused’s lawyer Chacha Mwita requested the court to release the accused on bail as it is their constitutional right to be admitted to bail. “These are mere allegations and nothing has been shared with this court to show that the accused had 20 grenades as alleged. The prosecution has a duty to demonstrate on how the accused are likely to interfere with investigations other than using speculation to deny the accused their constitutional right to bail,” Mwita argued.
He also requested the court to release the two being a couple with children . “The second accused is expectant and the couple have children who depend on them I urge the court to put into consideration this fact before yielding into the prosecution’s request to deny them bail,” he stated. Mwita further argued that there was no compelling reason to deny the accused bail as they are Kenyans with a fixed abode.
However the prosecutor strongly opposed defence’s request arguing that the application by the defence was meant to defeat justice. He requested the accused to be remanded in custody for two weeks to allow police to complete investigations.
The magistrate upheld the prosecution’s requested and directed the two to remain in custody until April 17 when the court is also expected to rule on whether the they will be admitted to bail or not while the hearing is set for June 25.