Iranian terror convicts’ application for bail to be heard today

Ahmed Mohamed and Sayed Mousavi at the Milimani Law Courts

The court will today hear an application for bail by two Iranians sentenced to life imprisonment for terrorism pending the hearing and determination of their appeal.

Ahmad Abolfathi Mohammad and Sayed Mansour Mousavi, who were sentenced after they were found guilty of being in possession of 15kg of the explosive RDX on June 12, 2012, are seeking to be released because of peculiar circumstances.

Mousavi and Mohamad asked judge Lydia Achode, through lawyer Kiraithe Wandungi, to allow them to appear in court in person during the hearing of their application.

The judge did not issue any orders but directed the matter placed before judge Msagha Mbogoli, who is in charge of the criminal division of the High Court, for further directions and assigning of the matter. 

The two Iranians were found guilty of shipping into the country 100kg of explosives, of which 85kg has not been recovered.

According to experts, the explosives are capable of bringing down the tallest building in the country.

When the matter came up, the Anti-Terrorism Police Unit opposed the bail application, arguing that the two were dangerous and warning that there was still imminent danger as the two could use the yet-to-be recovered explosives to commit terrorist attacks.

posed threat

 Anti-terror unit officer Kennedy Musyoki submitted that the Iranians were more dangerous now owing to their sentencing and appealed to the court to deny them the bail.

The prosecution had argued that the two should be detained in custody on the grounds that they posed a threat to national security and that the lives of over 40 million Kenyans were at risk.

In a sworn affidavit, Erick Opagal, the investigating officer, had told the court that the two were planning attacks on Government installations, public gatherings and foreign establishments.

The court was further informed that the two were dangerous international criminals who should not be granted bail as they had arrived in the country posing as tourists but were actually terrorists.

The Anti-Terrorism Police Unit said police had recovered 15kg of RDX but had information that over 100kg had been shipped into the country.

Meanwhile, a police constable who allegedly gunned down a mourner and injured two others in a brawl at a funeral meeting in Nairobi's Mukuru slums has been charged with murder.

Fredrick Bichang'a Obara, who appeared before High Court judge Stella Mutuku, however denied killing Robinson Omusali on September 28.

NIGHT MEETING

Through his lawyer Cliff Ombeta, he urged the court to release him on bond, saying the incident happened in the course of his duties.

The three victims were said to have been at a night meeting when they allegedly disagreed with the officer attached to the Industrial Area Police Station.

It is said the officer reached for his gun and fired, killing one person on the spot and seriously injuring two others. The shooting sparked violent protests from residents who demanded the officer's immediate arrest.

In an application he filed yesterday after Obara pleaded to the murder charge, Ombeta asked the court to release his client, saying the offence he was facing was bailable.