The Supreme Court is thi afternoon expected to hear the application by the DPP for appeal against two Iranians on terror-related charges.
Sayed Nasrollah Ebrahim and Abdolhosein Gholi Safaee are accused of plotting to attack Israeli’s embassy five years ago.
In February last year, the court said the two will not leave the country until an application by the Director of Public Prosecutions appealing against their release is heard and determined.
The Supreme Court ordered that Nasrollah and Gholi , 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.