A woman arraigned before Kahawa Law Court in a probe over alleged terrorism links on Wednesday persuaded the court not to allow anti-terror police to hold her for 20 more days.
While terming the investigations as a fishing expedition, Zuena Nakhumincha Machabe told magistrate Gideon Kiage that legally in Tanzania the authorities cleared her. While those in Zambia at first failed to clear her owing to consent by the father of her three children to show that he had accepted that she travels with them.
To hold further
In her reply to the application by the prosecution, Zuena stated that after she got the consent documents, Zambia’s authorities stamped her passport with approval that she proceed with her journey.
During the virtual hearing, Zuena’s lawyer Chaacha Mwita argued there is no evidence to warrant holding her further.
He added that there was also no proof that she would escape while being investigated if released.
In the new application, the State through prosecutor Jillo Waqo said that the ATPU police required more time to probe Zuena.
She stated that so far, they have written to Tanzania, and Zambia authorities and have asked mobile service providers for data on her mobile phone line.
Jillo told the court that Zuena is suspected of facilitating Tanzanians crossing into and out of Kenya.
The prosecutor argued that the application was made in good faith and in the interest of justice.
“We humbly ask for the continued detention of the respondent. In the fullness of time, we will reveal more. We pray for the patience of the court and the respondent,” argued Jillo.
During cross-examination, the investigator, Sergeant Joseph Mwiti said Zuena was arrested based on intelligence.
Custody
Zuena’s lawyer first questioned the lead investigator in order to make his case that there was no need to hold her longer.
However, Mwiti stated that there was no arrest warrant against the mother of three.
The investigator said that he had indicated in his affidavit that Zeuna was being probed for a single offence; facilitating recruitment of members to a terrorist group. Nevertheless, he said that more could be disclosed during investigations.
On the other hand, Chaacha urged the court to release Zuena. He argued that as a mother, her children needed her.
Zuena was arrested at Tunduma, Tanzania on July 27, 2023. A ruling will be delivered next Tuesday.
[Kamau Muthoni and Fred Kagonye]
