Court: We have all terror suspects

Mombasa Chief Magistrate Evans Makori has clarified that three women facing nine counts of terror charges can be accounted for and have been attending court dutifully.

He warned police to desist from intimidation of suspects, judicial officers and prosecutors in the two-year-old trial after Thursday's drama outside the Mombasa Law courts where some suspects and their relatives were arrested.

Makori said on Friday that Halima Adan Ali attended trial alongside co-accused Ummul Khayr Sadir Abdalla and Khadija Abdulkadir Abubakar contrary to claims that an impostor sat in the dock purporting to be one of the suspects on Thursday morning.

"The court never made any finding that there was an imposter in court. The proceedings in the morning were conducted and as usual with the three accused in veil to protect their dignity.

The court never discovered such an issue that the suspect “vanished” from court,” said Makori.

The Chief Magistrate however said if anybody noticed that a person was impersonating any or one of the suspect they should have notified the court.

“If somebody was “spying” on the court and never raised the issue till the court went to recces - the person is muddling the due process of justice and belittling the whole process,” said Makori.

State lawyer Sarah Ogweno on Thursday complained that the police summoned her to record a statement over claims that somebody impersonated Halima after they failed to arrest her in the morning session.

He said the suspects are facing only nine charges and not 19 while the fourth suspect Khadija Abubakar is alive contrary to reports that she had died. Maryam Said Aboud who was charged alongside the suspects succumbed to cancer.

The Chief Magistrate said after the morning proceedings Halima’s lawyer Chacha Mwita wrote a letter complaining about the arrest of the suspects with their relatives.

Chacha asked the court to issue a production order so as not to impact on the defence hearing before the court because his client had not been arrested.

The magistrate cautioned journalists against taking photographs of suspects in the dock as this would expose them to ridicule.

He said International Institute for Rule of law has come up with standards during the trial of suspected terrorists in the Horn Africa to ensure fair trial.