Lamu court jails Al Shabaab member for 70 years

Badister Charo Katana, 25, a self-confessed Al Shabaab militant at the Mpeketoni court in Lamu County. [Jane Mugambi, Standard]

A man police claim trained with Al Shabaab in Boni forest in Lamu has been jailed for 70 years after pleading guilty to three terrorism charges. 

Badister Charo Katana, who was not represented by a lawyer during the trial, was linked to killing of security officers and civilians in Lamu since 2014.

Despite pleading guilty, the suspect, who was arrested last week and denied bail, begged for leniency claiming he joined Al Shabaab to escape poverty and unemployment.

He said he had abandoned the terror group due to sickness and after disagreeing with its ideologies.

He also said he deserved mercy because he was the sole breadwinner for his siblings and extended family.

Made confession

The State submitted that Katana was involved in terror attacks in parts of Lamu and Tana River between June 18 and July 18, this year, and had confessed to detectives that he was earning Sh24,000 per month from the terror group.

He was charged with being a member of Al Shabaab, after having confessed on July 18, this year, at Maisha Masha village within Witu.

He faced a second count of being found in possession of military attire and boots with intent to commit terrorism.

The third count was that on June 18, this year, he collected information on military and security operations in Lamu and Tana River and passed it to Al Shabaab in the forest.

Mpeketoni Senior Resident Magistrate Calisters Sindani convicted him on the three counts under the Prevention of Terrorism Act.

"On the first count, the accused is sentenced to serve 30 years in prison. On the second count, he is sentenced to serve 20 years. On the third count, the accused is sentenced to serve 20 years," ruled the magistrate.

And the magistrate also ruled that the accused should serve his sentence outside the Coast region and said the sentences will run concurrently.

In mitigation, Katana pleaded for mercy saying he was the sole breadwinner for his younger siblings after their father died.

He alleged that he was recruited into the group by a person he identified as Sanchez.

The police claimed military regalia belonging to slain security officers were recovered from his house at Maisha Masha village June 17.

They also claim that under interrogation, the accused admitted belonging to a reconnaissance unit within Al Shabaab code-named Section 27.

Suspects freed

And key suspects charged with the June 16 mass murder in Mpeketoni and Hindi, Lamu, walked to freedom Wednesday after High Court sitting in Mombasa freed them for lack of evidence.

Mahadi Swaleh Mahadi alias Jesus and Suleiman Ahmed Diana were set free on all the 60 counts of murder levelled against them by Justice Martin Muya.

There was no indication if the State will appeal Wednesday's judgement.

In a separate court in Mombasa, Justice Martin Muya also freed Swaleh Shebe and Joseph Chege who had been charged with 12 counts of murder in Hindi on July 5, 2014.

They were also released because the State had failed to prove guilt, despite relying on the evidence of a self-confessed murder convict Gituge Ngamau, who the judge said was compromised by the police.

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