Muslim Cleric Hassa Mahat Omar at Milimani Law Courts where he was charged with incitement charges.
BY SAM ALFAN.
Muslim cleric alleged to have been involved in financing the Garissa University College attack terrorists that killed 148 Students has faced incitement charges in a Nairobi court.
Sheikh Hassa Mahat Omar appeared before a Nairobi Senior Principal Magistrate Grace Mmasi and denied the charges.
The court heard that Sheikh Hassan committed the offence on March 6, 2015 at Al-hidaya Mosque in Eastleigh in Nairobi County.
He allegedly published information in a video Compaq Disk (CD-R) named Sheikh Hassan inciting Muslims to kill non-Muslims in Contravention of the law.
The defense lead by Mbugua Mureithi requested the court to release the accused on bail on grounds that he is not a fright risk.
“The suspect was arrested on April 17 this year and he has been in custody for a whole month, it is his constitutional right to be released on bail,” he said.
The prosecution opposed their application for bail claiming that the suspects has “close links” with Mohammed Kuno, alias Sheikh Mahammad, alias Dulydin, alias Garmadhere, Al-Shabaab’s leader in the Juba region of Somalia and the alleged mastermind of the recent terrorist attack at the learning institution.
Anti-Terrorism Police Unit (ATPU) yesterday requested the court to remand the suspect till the case is heard and determined.
“Sheikh is high-profile personalities and is believed to be key terrorism financiers in the country,” a prosecutor said.
Prosecutor Karuri told the court that the accused has another pending case in court and that charges leveled against him are serious and if released on bail he may abscond.
“The police has information that the accused together with others not before the court have a vast network in the country meant to execute more terrorism attacks within the country,” said Karuri
He urged the court to take judicial notice of the numerous terrorist’s attacks within the country and that the accused person is charged with serious charges.
“Granting him bail will jeopardize investigations and he will also be roaming about the country to accomplish his mechanization of causing mass destruction to life and property, thus interferering with witnesses and investigations,” Karuri added.
Mureithi on the other hand said the prosecution should release the copy of the alleged compact disk and other copies of the witness statements.
He added that the accused is entitled to first and fair trial as provided for by the constitution and the offence is bailable.
Mureithi provided various lists of Authorities to support the claims saying that the accused the accused had been released on bail on other criminal-related cases he has faced in the past.
“The prosecution is relying on speculations that the accused may abscond bail but that is not the fact as he has complied with the law on other cases,” said Mureithi.
According to him the accused is not a stranger to the ATPU nor courts and the threats that he will abscond bail has no basi.
Karuri on the other side said that the offence is punishable to over 30 years in jail. He added that the accused is having other pending cases in court of being in possession of explosives.
The magistrate directed that she will deliver the ruling on whether to release the accused on bail coming Friday.She said she has to go through the Authorities that has been produced to court.