Senate staffer Ali Abdi Majid,smiles at the dock at Milimani law courts after Anti-Terrorism Police Unit dropped a terrorism case against him after the prosecution withdrew the case for lack of sufficient evidence to charge him.Majid on Monday August 3, 2015 at Milimani law courts.
BY SAM ALFAN.
Senate staff held over terrorism activities has been over a plot to bomb Parliament has been set free by a Nairobi court.
Nairobi Resident magistrate Eddah Agade dropped a terrorism case against him after the prosecution withdrew the case for lack of sufficient evidence to charge him.
“I have instructions to close the file,” prosecutor Dancun Ondimu told a Nairobi court after the expiry of an ultimatum it had given Anti-Terrorism Police Unit to charge him.
Majid,who was represented by lawyer Mbugua Mureithi said he was suspected for being an official of Riadha Mosque in Majengo Nairobi.
Mr Ali Abdul Majid Ahmed was set free on Monday morning after prosecution closed his filed saying they didn’t have enough evidence to prefer charges against him over terrorism activities.
His lawyer Mbugua Murithi said his client was treated badly by the Anti-terrorism police who arrested him over terrorism allegations.
Ali Abdul Majid Ahmed has never been charged since his arrest despite being detained for several days after Anti-terrorism police made a successful application seeking to detain for further investigation.
He thanked God for securing his freedom .He said it has taken so much time for him to be set free.
“Am happy just has be done, although it has taken long,it has taken too much time” Said Majid.
The court also ordered the release of Mr Ahmed’s mobile phone, which the prosecutor wanted left with police, within 24 hours.
The unit had been directed to either charge or free the suspect in light of prolonged mentions of the case in court.Earlier he has been released on cash bail of Sh 100,000 by a Nairobi court.
Resident magistrate Edda Agade ordered the release of the suspect after the prosecution said it had no objection for the release of Ali Abdul Majid Ahmed.
The court further directed that if the suspect fails to raise the cash bail he deposit a bond of Sh 500,00 and he be reporting to Anti Terrorism Police Unit every Friday.
Mr Ahmed was held information arising from the intelligence report that links him with Ali Shabaab. Militant group.
The number of days sought by the prosecution have expired, the suspect’s lawyer Mr Mbugua Mureithi told the court and police have not filed any progress report over the investigation they have so far carried out.
Mr Mureithi while opposing additional ten days to hold the suspect is an assistant editor working for the senate a public servant who has frontier-ed to be investigation on allegation of terrorism.
He told the court that the United Nations Report which link him with Ali Shabaab published in 2013 has never been acted on by the police, saying that the suspect did offer himself including writting to the former commissioner of police Mathew Iteere asking him to conduct investigation over the allegation as contained in the report.
The lawyer questioned the role the police have so far done to prove their case against the suspects, saying even the affidavit presented to court does not disclose the facts about his client.
He dismissed the allegation that the suspect was arrested at Pangani area in Nairobi, saying his client only presented himself to the police after they called him.
However the prosecution through Mr Duncan Odimu told the court that police are still looking at the telephone data and communication carried out by the suspect before deciding whether to charge him or not.
He said to enable the investigating officers to conduct their investigation the suspect should remain in detention to avoid interference with investigation.
The suspect is being held on “intelligence” reports that he may be a spy working for the Al-shabaab and may be used to facilitate an attack at the National assembly.
“He was placed in police custody on Sunday April 20 after he presented himself to the Pangani police station upon being summoned via a phone call,” his lawyer has submitted
Mr Mureithi said that Mr Ahmed is required by law to be present to respond to an application seeking his further detention for the court to make a judicious decision.
The lawyer argued that in their application for the extended detention, the police themselves had indicated that they would be heard “inter-parties” in the first instance.
The police had told the magistrate that Ahmed is believed to be an Al Shabaab linkman on a mission to assist the terrorist in ‘ “casing” Parliament buildings for a possible attack.
.An affidavit presented before the magistrate stated that intelligence reports had linked the suspect, an employee of Parliament, to questionable activities.
“A mobile phone belonging to the suspect is under analysis for any incriminating evidence,” police corporal Jackson Chacha states in the affidavit.
Mr Chacha states that the suspect may be charged with terrorism related offences if investigators arrive at evidence to incriminate him.
“He is considered dangerous to the security of this country bearing in mind the mayhem terrorism has caused before,” the affidavit read.
It is not the first time the suspect has been linked to terrorism. In 2011 he was investigated and “cleared, “according to his lawyer.
His arrest came after police said Al Shabaab agents were plotting to plant bombs in Parliament and other key