Why magistrate withdrew from terrorism case

Security officers escort two youths suspected of looting in Kisauni, Mombasa yesterday. A gang took advantage of aborted demonstrations by Muslim youths to loot and vandalise property. [PHOTO: Gideon Maundu/STANDARD]

By WILLIS OKETCH

Mombasa, Kenya: Violence broke out at Kisauni in Mombasa as the State slapped terrorism, incitement and robbery charges on 104 suspects arrested in Sunday’s raid on Musa Mosque where an outlawed jihadist convention was being held.

The trial took a dramatic twist and was postponed to Monday after the magistrate disqualified himself following defence lawyer Harun Ndubi’s accusation that he was a tool of the police in prosecution.

An enraged Mombasa Senior Resident Magistrate James Omburah announced his withdrawal, forcing the adjournment to Monday when the suspects will plead to the charges before a different magistrate.

“I am convinced that this court should not handle this case because it is not under your jurisdiction,” charged Ndubi, who further alleged that the court in Shanzu was “the choice of the police as it used to happen in the 1980s when courts were used by the police to further their interests”.

Ndubi had claimed that police had brought the suspects to Shanzu law courts, which he said is “small”, for no reason.

Omburah interjected and asked Ndubi to explain what he meant by his remarks and denied the lawyer’s claims.

“You have offended me. It is not good to submit what you have said. That is very sad,” Omburah said and accused Ndubi of attacking the integrity of the court.

The suspects were, however, remanded at Shimo La Tewa prison.

The exchange continued as other defence lawyers seated, including Dennis Mabeya and Abubakar Yusuf, watched in disbelief. Suspects were served with bottles of water distributed by some leaders.

Ndubi said the charges in question were defective and wanted the magistrate to place the file before the court where the crime was committed.

But Omburah, who did not take Ndubi’s statement lightly, ruled that the file should be placed before the chief magistrate for plea on Monday.

Efforts by defence lawyer Mohamed Balala to convince the court to proceed and revise his decision of postponing the trial fell on deaf ears.

The suspects were remanded at Shimo La Tewa “for security reasons”.

Balala pleaded with the magistrate, saying there was disrespect of the court.

“My lords, I am requesting you to consider releasing the minors… as you had done earlier,” said Balala.

Other lawyers expressed disappointment at Ndubi’s approach and said the magistrate was not compromised.

“The suspects now have to sleep in Shimo La Tewa again and we had very good reasons to convince the magistrate to release them on bond,” said a lawyer.

In affidavit, the police are opposed to the release of the suspects on bond because they were at an advanced stage of executing terrorism acts.