Court: Four Garissa University terror attack suspects have case to answer

Guns exhibits that were used during the Garissa University attack being displayed during the hearing of the Garissa terror suspects case at Milimani law courts. [Standard]

A Nairobi court has found that four suspects who were charged over the Garissa University terror attack in 2015 have a case to answer.

On Tuesday, Milimani Court Chief Magistrate Francis Andayi found that the State had given enough evidence to have Sahal Hussein, Edin Hassan, Rashid Mberesero and Muhamed  Abika file their defenses on why they should not be convicted for the attack that took away 148 lives.

At the same time, the court acquitted then university’s watchman Abdi Dagane saying that there was no evidence linking him to the April 2, 2015 attack.

“I hereby find the accused persons have a case to answer and are put on their defence,” ruled Andayi.

The State called 22 witnesses, including students who survived the attack to support case that the four should be convicted for planning and conducting a terror attack.

In addition, the State presented post-mortem examination reports of 125 victims who were felled by the terrorists as part of its evidence.

The prosecution also presented 713 live bullets that were recovered from the slain terrorists.

In the case, Geoffrey Busolo of Anti-Terrorism Police Unit (ATPU) officer told the court that out of the five terrorists who carried out the Garissa University attack, four were killed while the fifth accused was arrested while hiding under a bed in one of the hostels.

"The accused person did not respond when we introduced ourselves as police officers. We kept on calling if there was anybody who was nervous to come out and be rescued," the witness said.

Busolo said they arrested Rashid Mberesero, a Tanzanian, who gave conflicting accounts of his presence under the bed.

"He first said he was a student after I pulled him out but later said he was visiting a friend who he could not identify. He also could not tell us what subject he was studying at the university," said Busolo.

Another witness, Kolombo Adao told court that Mberesero, arrived at the mosque for prayers on March 30, 2014, and kept coming for prayers until the day of the attack.

Adao recalled that the suspect had introduced himself as Rashid Ramadhan Dida and was a Kenyan.

"He met me at the mosque as I was opening the door at 3am and said he wanted to worship and I did not object but ushered him in since he was the first to arrive," Adao testified.

He identified Mberesero in court. Adao said he spent most of the time with the suspect at the mosque and that he even at one time used to wash his clothes at the mosque.

Adao testified that unlike other days when he used to come for prayers, on the fateful day of the terror attack, Mberesero arrived at the mosque at 4am with a bag and left immediately.