Court declines to release 4 Westgate attack suspects on bail

BY FRED MAKANA

NAIROBI, KENYA: A Nairobi court has declined to release on bail the four suspects believed to behind the Westgate Shopping Mall siege on grounds that the country is still under security threat.

The prosecution’s insistence that the suspects posed a major security threat and were a danger to the public were upheld by Nairobi Chief  magistrate Kiarie Waweru Nairobi yesterday who concurred that there were compelling reasons to disallow the release of the suspects on bond.

The four Mohamed Ahmed Abdi, Liban Abdullah Omar, Adan Mohamed, and Hussein Hassan Mustafah all of Somali origin are accused of direct and indirect involvement in the September 21 attack at the Westgate mall, in which 67 people were killed and 200 others injured.

The accused who have been in custody since October pleaded not guilty to charges of causing death and grievous harm during the four-day siege at the shopping mall.

In making his ruling the magistrate said he took into consideration the numerous terror attacks the country has been subjected to in the past. “Every person whether a Kenyan or foreigner has a right to be released on bail but at the same time court has a right to ensure public safety is catered for in its decisions,” the magistrate ruled.

The magistrate ruled that investigations into the mall attack are underway in Kakuma Refugee camp and in a number of other countries where other suspects are believed to have disappeared to after the attack.

He said the prosecution’s assertions that the accused lack a fixed residence was the other reason as to why the court denied them bail for fear that if released they were a flight risk.  “The identity of some of the suspects is still in question as they are being addressed as alias which leaves the court in the dark as to what is the true identity of the accused,” the magistrate said.

However the magistrate disowned police affidavit sworn by Inspector Kennedy Musyoki saying four of the suspects’ accomplices died in the operation which was mounted to rescue hostages from the mall. He said the reasons advanced in the affidavit were not satisfactory to deny the accused bail as it lacked supporting evidence.
The magistrate told the accused that they have a right to canvass with the trial court for further consideration for bail once the trial kicks off.

In his submissions to oppose the accused from being granted bail State counsel Mungai Warui had stated that the accused had a vast network in the country meant to execute more attacks. He said the suspects, if released on bail, were also likely to hamper the course of investigations aimed at cracking the terror network they were suspected to belong to.

Granting the respondents bail, the State Counsel said was tantamount to allowing them to roam the country to accomplish their machinations of causing mass destruction to life and property which could also interfere with ongoing investigations and witnesses who are set to testify against the accused during trial.

However in his submissions last week lawyer Mureithi Mbugua for the third accused opposed the prosecution’s request arguing that it was a constitutional right for his client to granted bail despite the gravity of charges levelled against him.
The September attack was claimed by Somalia’s al-Shabaab terrorist group who said it was a warning to Kenya to pull its troops out of southern Somalia, where they are currently fighting the group as part of an African Union force.