33 suspects in Musa Mosque raid freed

Some of suspected jihadists who were arrested on February 2 at Musa Mosque pray inside the Shanzu Law Courts, Tuesday. Thirty-three suspects were released on tough conditions. [Photo: Gideon Maundu/Standard]

By WILLIS OKETCH

Mombasa, Kenya: The State Tuesday evening withdrew robbery with violence and terrorism charges against 33 suspects captured during the February 2 storming of the controversial Musa Mosque but imposed stringent conditions for their release.

The move was greeted with celebrations by the released suspects and their relatives who hired several matatus to ferry the former to town.

The vehicles were hired by the Hassan Ali Joho Foundation, which also retained lawyer Mohamed Balala for the suspects.

They are required to report to CID officers every Wednesday and stay out of crime because Section 87(a) of the Criminal Procedure Code under which they were set free indicates they could be rearrested and charged when the State gathers enough evidence to indict and prosecute them.

The police have forwarded laptop computers, documents and electronic material seized in the February 2 raid for forensic analysis and decoding in Nairobi.

Those released include the only three female suspects and males aged under 20 or slightly above.

Following an application by the prosecution’s Senior Superintendent of Police Onesmus Towett, Senior Principal Magistrate Richard Odenyo set them free after the prosecution indicated that it had no evidence against the 33 regarding the set of charges raised against the initial 104 suspects out of the original 129 suspects detained when police stormed the mosque to stop what they described as an outlawed jihadist convention.

This means that 71 suspects remain in custody at the Shimo la Tewa Maximum Security Prison and their trial on terrorism, robbery with violence and incitement charges will resume this morning.

“There is no evidence linking the suspects to any of the charges,” said Towett as he read out his application and pleaded that the suspects should report to the Mombasa Urban Police Criminal Investigation Department CID office every Wednesday if set free.

The magistrate said in a brief ruling that “the application of the prosecution is accepted”.