Muslim leaders want Jamaican cleric deported

By Patrick Beja and Wahome Thuku

A section of Muslim leaders have called for the immediate deportation of Jamaican Muslim preacher Sheikh Abdullah al Faisal.

They also said all protests planned over the controversial cleric should be called off.

"We are asking the Government and Muslim leaders to stop demonstrations because they encourage looting and thuggery," said Supreme Council of Kenya Muslims (Supkem) Coast Chairman Sheikh Mudhar Khitamy.

Supkem Coast Branch Chairman Sheikh Sharif Muhdhar Khitamy (left) and other Muslim leaders address journalists in Mombasa, yesterday. They condemned the organisers of demonstrations set for Friday. [PHOTO: Maarufu Mohamed /STANDARD]

Kenya Muslim National Advisory Council Chairman Sheikh Juma Ngao blamed the continued stay of Sheikh al Faisal for the current tension.

Al Faisal, who is on international terror watch lists, crossed into Kenya on December 24 from Tanzania and traveled to Mombasa where he preached at various mosques before he was arrested on New Year’s Eve. He has been in police custody since, as the Government attempts to deport him.

Khitamy and Ngao also called on Government to stop the "harassment of the Somali community" following a crackdown in which hundreds of Somalia nationals were arrested for being in the country illegally.

They said the continued detention of al Faisal was causing tension and arrangements should be made for him to leave the country.

"The Kenya and Jamaican governments should facilitate speedy removal of al-Faisal from Nairobi so as to restore calm," Ngao said.

The leaders were reacting to threats by Mombasa Muslim youth to stage fresh demonstrations next Friday to push for his release.

Last Friday, demonstrations in Nairobi over al Faisal turned ugly and led to the death of one person and injury of several people, including police officers.

Ngao also urged mosque committees to take charge and prevent some groups from planning demonstrations in the houses of worship.

The two condemned indiscriminate arrest of members of the Somali community following the recent Nairobi demonstration.

"The Government should fight crime and not a certain ethnic group," Khitamy said.

They spoke yesterday as Muslim rights activist Al-Amin Kimathi was arraigned in a Nairobi court and later released on Sh100,000 cash bail after Nairobi Chief Magistrate Gilbert Mutembei rejected an application by the prosecution to continue holding Kimathi in police custody. The activist objected to the two charges against him.

Inciting youth

Kimathi was arrested on Monday morning within the court premises where he had gone to process bail for seven suspects charged in connection to the Friday riots in Nairobi. He is accused of inciting youth to riot on Friday last week.

The charge sheet states: "On January 15, at the Jamia Mosque he, jointly with others not before court, uttered words, namely inciting Islamic youths by telling them that a procession, which had been cancelled, by the police would still to take place after prayers."

The second count stated that on January 18, at the law courts he resisted lawful arrest by Sgt Samuel Kaberia, Emmanuel Ngetich and George Chai who were executing their duties. Before the charges were read to him, his four lawyers led by Harun Ndubi raised an objection saying the charges were defective and disclosed no offence. They said that the actual words used in the alleged incitement were not stated in the charge sheet as required by law.

The lawyers submitted that there was nothing known as Islamic Youths and Islamic Procession referred to in the charge sheet.

The charge sheet indicated the police had cancelled the alleged procession but lawyers argued that police had no powers in law to cancel a demonstration upon notification.

A group of youths unsuccessfully tried to prevent the police from arresting him. Ndubi described police actions as "the height of impunity. "They still think that they can break the law then charge someone else instead," he told the court.

Chief Prosecutor Onesmus Towett asked for more time to prepare a reply to the lawyer’s claims.

He asked the court to order that Kimathi be remanded in custody saying the charges were serious. The lawyers objected prompting Mutembei to make a ruling.

The judge said the prosecution had not produced facts to support the allegations that Kimathi was a threat to State security.

During the time Kimathi was in the court, security was beefed up at the law courts. All those entering the premises were asked to produce identification cards before being let in. Towett will respond to the objections on Friday.

At the same time, police arrested hundreds of illegal immigrants in a countrywide swoop. The Government’s plan to deport al Faisal aborted two weeks ago when an airline refused to fly him to Gambia where he would have been put on an onward flight to Jamaica. He is being held at the Jomo Kenyatta International Airport in Nairobi.