SHEIKH ACCUSED OF INCITEMENT RELEASED ON SH 2 MILLION BOND

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SHEIKH HASSAN OMAR MAHAT
Cleric Hassan Mahat Omar in the DOCKS, for allegedly publishing information in a video compact disk (CD-R) named ‘Sheikh Hassan inciting Muslims to kill non-Muslims’ in contravention of the law on May 22, 2014 at Milimani law courts

          BY SAM ALFAN
The City-based Muslim cleric Hassan Mahat Omar who was earlier suspected of funding the Garissa University College terror attack which left 148 people dead has been released on bond.

Milimani Senior Principal Magistrate Grace Mmasi released Mahat on a bond of Sh 2 Million and a surety of similar amount.
“The court has allowed the defense application to release the accused on bail because the prosecution failed to prove that he will abscond bond terms,”said Mmasi.

An application for bail was made on Monday when Mahat was charged in with inciting Muslims to kill non-Muslims.Senior State counsel Daniel Karuri said the accused committed the offence on or before March 6, 2015 at Al-Hidaya Mosque in Nairobi’s Eastleigh estate. He added that the kind of offense the suspect faces attracts a jail term of 30 years.

He allegedly published information in a video compact disk (CD-R) named ‘Sheikh Hassan inciting Muslims to kill non-Muslims’ in contravention of the law. Defense lawyer Mbugua Mureithi requested the court to release him on bail, arguing that he was not a flight 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 the application, saying the suspect 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 terror attack on the institution.

He urged the court to take judicial notice of the numerous terror attacks within the country and the fact that the accused is facing serious charges.

The Anti-Terrorism Police Unit requested the court to remand the suspect until the case is heard and determined.

“Sheikh is a high-profile personality and is believed to be a key terrorism financier in the country,” a prosecutor said.
Karuri told the court the accused has another pending case and that the charges leveled against him are serious and he may abscond if released on bail.

“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,” said Karuri.

He urged the court to take judicial notice of the numerous terror attacks within the country and the fact that the accused is facing serious charges.

Karuri said his release on bail on the grounds that he was a fright risk and may abscond bail. Karuri said the offense was serious and that he was a terror suspect.

“He faces a serious charge of inciting Muslims to kill non-Muslims and another case of being found in possession of explosives, of which point to the involvement of the accused person in offences against the public.

“We also ask the court to take judicial notice of the numerous terrorist attacks that target non-Muslims and deny him bail,” Mr Karuri said.

The case will be heard on July 30 and 31.

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