Turkish billionaire Osman Elsek and Gokmen Sandikci with their lawyer Cliff Ombeta at the Mombasa Law Courts on February 2, 2026. [Kelvin Karani, Standard]
The defence team of Kilifi-based Turkish billionaire Elsek Osman has opposed what they term ‘defective terrorism charges’ the State intends to level against him.
The lawyers put the State on the spot on Monday for producing terrorism charges against Elsek and his colleague Gokmen Sandikci without a time and date of the said offences.
The lawyers, led by John Khaminwa, Wycliff Ombeta and Daniel Wamosa opposed the prosecution’s intention to charge Elsek and Sandikci with terrorism, assault and firearm abuse.
The State had linked Elsek and Sandikci to being members of the Al-Shabaab terrorist group.
The two, however, did not plead to the charges of terrorism, assault and possession of a firearm after the lawyers asked Resident Magistrate David Odhiambo to strike out all the charges.
Ombeta said they could not allow their clients to plead on charges that are defective and incomprehensible.
“We cannot allow our clients to plead to charges that even we lawyers cannot comprehend,” said Ombeta, adding that the State failed to show what date and time Elsek and Sandikci were involved with Al-Shabaab.
“We are told that our clients are members of Al-Shabaab, but we ask where and on what dates they were involved,” said Ombeta.
Dr Khaminwa said the charge sheet was defective as it did not disclose the date and time when the alleged crime was committed. He said that no cautionary statement was taken from the accused to give their side of the story as per the rules of natural justice.
“You are duty bound to strike out the counts. We are wallowing in corruption and dishonesty. I have never seen a situation where suspects are investigated while they are in custody,” said Khaminwa.
The court will rule today if Elsek and Sandikci will plead to the said charges.
