Police deny claims they arrested Mombasa journalist

BY JUDY OGUTU

Police have denied claims they arrested a Mombasa-based journalist over the Kampala bombings, saying they only learnt of his arrest from the media.

An Inspector at the Anti-Terrorism Police Unit (ATPU) said claims by the family of Mr Habib Suleiman Njoroge were not true.

"It is not true the first respondent (Commissioner of Police) arrested the subject (Njoroge) in the matter as alleged by the applicant. The respondent learnt about the purported arrest of the subject from print and electronic media and the same cannot be confirmed," Mr Charles Ogeto said.

He further said police were not aware of his placement in cells and eventual transfer to Nairobi as alleged by the family.

In the application the family of the Mombasa-based journalist is demanding his production in court.

Njoroge was allegedly arrested in Mombasa last Saturday and later transferred to Nairobi. Also in custody is his brother, Yahya Suleiman Mbuthia.

Their sister, Ms Aisha Suleiman who has filed the suit on behalf of the two claims her brothers are being held illegally and should be released.

Affidavit

In an affidavit sworn in response to the case, Ogeto said Njoroge was not in their custody and the application before court should be dismissed because it is misconceived.

On Thursday, their advocate, Mr Mbugua Mureithi, termed the police explanation "strange" and informed court he would like to cross-examine the Police Commissioner.

"That is a strange explanation coming from the Commissioner of Police. We will be asking for leave to cross-examine him. We also want to call eye-witnesses to the arrest," he said.

On Thursday, Justice Kalpana Rawal of the High Court urged the parties to pick hearing dates from the registry on priority basis.

Last Tuesday, Justice Aggrey Muchelule issued summons for Police Commissioner Matthew Iteere to appear in court to explain circumstances under which the arrests over the Kampala bombings were made. He was expected in court on Thursday.

76 people killed

The Kenyans were arrested for their alleged role in the twin bombings during a World Cup match, which left 76 people dead.

In its suit, the family had expressed fears the two will be illegally extradited to Uganda.

Police, they argue, have no rights under the new Constitution to hold a suspect for more than 24 hours. They also say that they do not know where the suspects are being held.

The family wants ATPU to produce the warrant they effected to arrest the suspects.

It accuses the radio station’s proprietor of luring the suspect to the office to facilitate his arrest.

Three Kenyan suspects have already been charged with murder and terrorism. The Kenyan Police have said once the suspects are transferred to Uganda they are under the Ugandan authorities.

Tunisians

Separately, a case seeking to have police show cause why two Tunisians should not be released will be heard on September 14.

Mr Hussein Mohamed Guyo has filed the suit on behalf of the two, Mohamed Ben-Mansour and Hamza Haziri.

Guyo has named the Attorney General, Commissioner of Police, Commandant ATPU and Minister for Immigration as respondents to the suit.

The Government claims the two were headed to Somali for terrorist training with Al-Shabaab militia group.