Two Iranians accused of plotting to attack Israeli’s embassy five years ago will not leave the country until an application by the Director of Public Prosecutions appealing against their release is heard and determined.
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The Supreme Court yesterday ordered that Sayed Nasrollah Ebrahim and Abdolhosein Gholi Safaee, accused of terrorism, should be within the country but should be treated in a humane manner.
Chief Justice David Maraga and Justices Jackton Ojwang, Mohamed Ibrahim, Isaac Lenaola and Smokin Wanjala unanimously agreed that the Director of Public Prosecution has a claim before the court and thus should be allowed to present it.
“The argument by the respondent (Nasrollah and Gholi) is hereby dismissed,” the court said. During the hearing, lawyer Ahmednassir Abdullahi, appearing for the two, was opposed to the Supreme Court entertaining the appeal.
“This court cannot assume jurisdiction to hear the application by the prosecution if there is no leave from the Court of Appeal granted to them,” lawyer Abdullahi said.
The prosecution told judges that the two were terror suspects who could easily leave the country if they were not placed under hawk-eyed security.
The two had been jailed for life by the magistrate’s court but after a spirited appeal before the High Court, the sentence was reduced to 15 years.
Nasrollah and Gholi were arrested by Anti-terror Police Unit after they were caught filming and taking photographs of the Israel Embassy, which is one of the most guarded buildings in Nairobi. The Supreme Court will hear the application by the DPP for appeal on March 13.