Four Westgate terror suspects denied bail for the second time

By FRED MAKANA

Nairobi, Kenya: Four Westgate terror suspects were Thursday denied bail for the second time by a Nairobi court citing security reasons.

Acting Chief Magistrate Daniel Ochenja ruled that the four suspects should remain in custody for their own safety and to allow police to complete investigations into the September 21 mall attack. The four Mohammed Ahmed, Ahmed Dheq, Abdula Omar and Hussein Hassan Mustafa are accused of lending support to the gunmen.

In his renewed application for bail, defence lawyer Mbugua Mureithi argued that the first application for bail was rejected by then Chief Magistrate Kiarie Waweru on December 18 last year on grounds that investigations had not been completed. He also argued that since trial has taken away the rights of the accused the court must strike a balance by releasing the four suspects.

Mbugua told court that out of the 20 witnesses who have so far testified none has linked the four suspects to the September 21 mall attack, and therefore there was need for the accused to be released on bond.

 He added that the presumption of innocence has so far not suffered any setback by the prosecution and if anything that presumption has been reinforced by prosecution witnesses. “The right to bail is not bent on whether one has a fixed abode or not because in most cities majority do not have a home they are all tenants,” Mbugua said.  He also told court that the accused persons were willing to abide by all conditions given by the court.

However state counsel Mungai Warui strongly opposed the defence’s application reiterating its earlier position that the four were a security risk if released on bail. He said police have only completed investigating what happened inside the mall but other investigations are still ongoing.

“The nature of the offence visited upon the public was very serious if released the accused are likely to abscond. It must also be noted that when an individual right is in contrast with that of the public, then the public must prevail” Warui stated.

In his ruling the magistrate said it is a constitutional right for the accused to be admitted to bail but they are facing a serious offence of which if found guilty they were likely to be handed a death penalty. “The public interest in this matter is extremely high and if released on bail they were likely to face the wrath of the public putting their lives in danger,” the magistrate ruled.