Court says no proof links Coast NGOs to terror

A Mombasa court has ruled that the State has no evidence to link two rights groups, whose accounts were frozen following the Garissa terror attack, with terrorism.

But the two groups failed to convince the High Court to lift a ban on their frozen bank accounts.

On Thursday, Muslim for Human Rights (Muhuri) and Haki Africa lost the bid to have the ban on their accounts lifted before Justice Mathew Emukule who faulted the two for failing to sue the relevant financial institutions.

Justice Emukule said he could not issue an order to remove the suspension of the accounts frozen by Central Bank of Kenya and Financial Reporting Centre (FRC) because the entities responsible for the freeze are not party to the suit filed by the two bodies.

The two rights groups also failed to get orders against their banks in which they had sued, seeking orders to force them to have the ban lifted.

The Coast-based NGOs had sued Gulf African Bank and NIC Bank accusing them of freezing their accounts without their consents.

The judge concurred with the banks’ lawyer Wamuti Ndegwa who said the two organisations had goofed by suing the wrong party because they were taking orders from Central Bank and Financial Reporting Committee (FRC), which authorised the freezing of the accounts. Ndegwa had earlier raised preliminary objection against NIC Bank being sued by the two organisations.

“The Prevention of terrorism regulations binds my client to freeze the funds of organisations linked to terrorism promptly upon instruction by FRC,” said Ndegwa.

The two organisations, however, succeeded in obtaining orders stopping Inspector General of Police Joseph Boinnet from recommending to Cabinet Secretary in charge of Security Joseph Nkaissery to declare Muhuri and Haki Africa a terrorist group linked to Islamic State of Iraq and Syria, Al Shabaab and Boko Haram.

“The State has not shown that the two activist groups fall under any category of terrorists groups gazetted by the government. The State has not shown any document or evidence to prove that the two are involved in terrorism,” said Justice Emukule.

Muhuri and Haki Africa was represented by Paul Muite.

However after the ruling, the Attorney General stunned the officials of the two organisation after revealing that the State had new evidence linking the organisations to terrorism.

State lawyer Ruth Luta, pleaded with the court to stay the orders of stopping Boinnet from recommending to Nkaissery to declare the two human rights bodies as terrorists groups.

“I have instruction to apply for stay of the ruling for 21 days pending appeal against the court’s order because the issue touches national security and pubic interest,”said Luta. She revealed that the State has new evidence against the two organisations showing they were linked to terrorism.

“We will bring discovery of new evidence and facts against Muhuri and Haki Africa regarding allegation of terrorism and on that ground, allow our application for stay,” said Luta.

Luta told the court that the State will file new evidence when applying for the review of the ruling to show that the two groups were allegedly linked to terrorist activities.

Assistant Director of Public Prosecutions Mr Alex Muteti was categorical that that Haki Africa had no legal right to sue the State because it has not been registered. For that reason, the State claimed, the organisation was not a legal entity and so had no basis to sue.

He said their application to have the stay of the ruling was not out of malice or to frustrate the two organisations.

Muteti also asked the judge to give them a stay because there was already a ruling with similar facts before Justice Weldon Korir in Nairobi who has declined to issue conservatory orders.

“Where such a matter is litigated in different courts there is likelihood of conflicting decision that will compromise justice and cause embarrassment to the court,” said Muteti.

But the judge declined to stay the orders and ordered that certified copies be given to the AG to appeal.