Senior counsel Gitobu Imanyara for Abdrizak Hussein Shafat who has obtained orders stopping his arrest over terror suspicion.
BY AM ALFAN.
It’s a reprieve for United Nations High Commission for Refugees (UNHCR) staff Abdrizak Hussein Shafat .
This is after he filed a successful application on Thursday in the high court through his brother Abdikalib Hussein seeking orders restrained police from harassing or arresting him over terror suspicion.
He obtained orders restraining police or any security agents from harassing or intimidating him.
Through lawyer senior counsel Gitobu Imanyara, Abdrizak Hussein Shafat is seeking to bar the Director of Criminal investigations, the Inspector of Police and the Director of Public Prosecution from having him arrested and charged with terror related charges.
Vacation judge, Justice George Odunga directed director of public prosecution Kiriako Tobiko to respond to Abdrizak Hussein Shafat application within 14 days.
Odunga restrained police or their agent not to harass Abdrizak Shafat and in case he is to be arrested he should be released on police bail.
“I hereby issue an order prohibiting the sued parties from arresting, detaining or prosecuting Abdrizak and in the event the police are minded to arrest him, he must be released on police bail of a reasonable amount,” Justice Odunga said.
On Thursday last week, Justice Korir directed that the matter be served Director of Public Prosecution, Director of Criminal Investigation and Inspector General of police before any directions were to be issued.
Abdrizak’s brother moved to court on his behalf arguing that he had not been involved in any criminal activities or terrorism organization or requested by security agents to assist in any investigations.
Senior Counsel Imanyara told court that Abdrizak is a UNHCR Protection Officer at the Hagadera Refugee camp sub office and that part of his duties is taking calls.
“Abdrizak does not have any means of knowing whether or not the various people from whom he receives calls are involved in any criminal activities or they belong to terrorist related groups,” Imanyara said.
According to Abdrizak, his friend was arrested by security officers on his way to work on August 14. On the same day, Anti- Terror Police had been to the camp looking for the two in order to arrest them for allegedly being involved in terrorist acts.
He said in the case documents that his friend had told him that the police also had his work numbers in which he uses to communicate while doing his duties.
“My brother has told me and I also believe that the reason for seeking him for arrest is on the basis of contacts and communication made to him though his work telephone number. In his capacity, if requested by security officials with any lawful information meant for proper investigations, he would fully cooperate,” he said.
The UNHCR officer wants it declared that he is entitled to know the basis upon which is to be arrested and prosecuted.
He further wants it declared that the rampant state of insecurity existing in Garissa is a direct result of the sued parties’ inability to perform their constitutional duties which has created a lawlessness situation exploited by political motives to different clans in the area.
He also wants the sued parties stopped from arresting him on account of information obtained from his work telephone.
The matter will be heard on 22 of September for further direction.