Court frees two men jailed for plotting worst terror attack

Omar Abdi Adan (right),Musharaf Abdalla Maalim (centre) and Abdi Majid Yasin at a Milimani court on Friday,July 28 during a judgement that found the first and the second accused guilty of being in possession of explosives,firearm and ammunition.The third accused was acquitted for lack of evidence. [George Njunge/standard] The High Court has overturned 22-year prison sentences for two men convicted in connection with explosives, bullets, and guns intended for what could have been Kenya's deadliest attack. Justice Grace Nzioka on Thursday expressed doubts about whether Alex Shikanda and Musharaf Abdalla possessed the weapons or were aware of their presence in the Eastleigh, Nairobi County house where they were found. Although Abdalla was arrested at the house, unanswered questions by the prosecution tilted the scales in his favor. Similarly, Shikanda, arrested elsewhere, may not have known about the weapons. Abdimajid Yassin Mohamed, alias Ali Hussein or Browny, pleaded guilty on September 20, 2012, and was sentenced to 59 years across all counts. Justice Nzioka upheld his conviction, stating the charge sheet was valid and his confession was lawful. However, she ruled that the eight counts stemmed from a single act of possession, warranting concurrent sentences totaling seven years, not consecutive ones. Representing Abdimajid, Shikanda, and Abdalla in their High Court appeal were Chacha Mwita, Prof. Hassan Nandwa, and Orlando and Company Advocates. Duncan Ondimu represented the Director of Public Prosecutions, Renson Ingonga, and requested a suspension of the judgment, arguing that releasing Abdimajid and Shikanda posed a public interest risk pending an appeal. Nandwa and Mwita opposed this, emphasizing that the two were Kenyans deemed innocent by the court after serving time. Ondimu argued the prosecution's evidence was overwhelming and uncontradicted, dismissing the defense's claims as an afterthought meant to mislead the court. However, the court sided with the appellants. Abdimajid sought a reduced sentence, while Abdalla and Shikanda sought acquittal. Chacha argued that Abdimajid's 59-year sentence for nine counts, to which he pleaded guilty without representation, was excessively harsh. Mwita added that Abdimajid's guilty plea saved court time, warranting leniency. On September 14, 2012, police arrested two men in Eastleigh and recovered 18 kilograms of explosives, 12 hand grenades, 16 magazines, and 421 rounds of ammunition-capable of killing over 500 people. Deputy Inspector General Eliud Lagat, then a Superintendent, testified as the key witness, stating he disarmed the explosives, including four suicide vests with TNT, RDX, and PETN, each containing over 2,300 ball bearings for maximum damage. The explosives could be triggered remotely or by suicide bombers via rocker switches or Nokia phones.Abdimajid and Abdalla were arrested in Eastleigh, while Shikanda was apprehended 15 days later in Malindi. Abdimajid faced 10 charges, pleading guilty to nine, except for illegal presence in Kenya. The prosecution alleged he used false identities and provided misleading information to obtain a police abstract for a lost ID he never had. Abdalla, accused of using aliases like Bonny Ali, was linked to the Eastleigh house through witness testimonies, including a hotel supervisor and a shop attendant. The prosecution claimed he paid Sh120,000 in rent across multiple properties, using five aliases, and left behind Sh41,000 in deposits, claiming travel to France or Canada. A real estate agent and a caretaker testified about his cereal business, which police alleged was a cover for an armory. Shikanda, also accused of using aliases, rented properties and ran a cereal shop in Eastleigh. Witnesses, including a caretaker and a shop attendant, linked him to the case, though he claimed to be a victim of mistaken identity. A witness from the Alhadaad Islamic Centre in Malindi testified that Abdalla, identified as Shariff Abdallah Mualim, was expelled and had prior police encounters.The prosecution alleged Abdimajid and Abdalla purchased a Peugeot 505 for Sh150,000 on September 12, 2012, which was later towed to a police station. A mechanic testified that they sought to repair and tint the vehicle. In his defense, Abdimajid claimed he was a student arrested after prayers, blindfolded, and taken to the house where the weapons were found. He denied Al Shabaab ties and proved his Kenyan citizenship through a DNA test after his ID applications were rejected. Yassin, who pleaded guilty, admitted to living in the house where the weapons were found but denied knowing Abdimajid or being an Al Shabaab member.

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