From Left: Hussein Hassan Mustafa, Ibrahim Adan Dheq, Liban Abdulahi and Mohammed Ahmed. The four were on November 4th charged over the Westgate shopping mall terror attack in which at least 70 people were killed and over 200 others injured on September 21.
A court for a second time has rejected a request to have one of the suspects in the Westgate shopping mall incident released on bond.
Mr Mohamed Ahmed, a madrassa teacher, lost his appeal against an earlier ruling against his release that stated he remains in custody over security reasons.
The court said it had taken judicial notice of the numerous terrorism acts in the country and cannot risk releasing the suspect facing a “serious charge” emanating from one of such atrocities which is “still fresh in the minds of the citizens”.Mr Ahmed is charged alongside Mr Liban Abdullah, Mr Adan Dheq and Mr Hussein Hassan and are said to have helped the shooters during the September 21 attack at the mall.
He is further accused of giving shelter to one Abdikadir Hared Mohammed alias Mohammed Hussein at Salman Al-Faris Madrassa on Eastleigh’s Muyuyu Avenue on October 7.
The prosecution says he harboured a fugitive he “knew had committed a terrorist act”.
He is also accused of obtaining a Kenyan identity card at the National Registration bureau in Mandera town by false pretences. He faces further charges of being the country illegally.
The affidavit, sworn by a senior ranking anti-terrorism investigator, which two magistrates have upheld, states that the suspects are believed to have been involved in the attack alongside accomplices who were either killed in the hostage rescue operation or escaped and are on the run.
According to the prosecution the four suspects were either “directly or indirectly” involved in the attack.
Forty witnesses have been lined up for the trial which begins in mid January 2014.
The suspect had told court bail was his constitutional right and that he remained innocent until proven otherwise.
He had also said that the fact that suspected accomplices are yet to be apprehended should not be used to determine his fate. He had also sworn to abide by whatever conditions the court may have pegged on his release.