Botched Diani terror attack: Recovered gun was used for Kisauni robberies

Detectives in Mombasa want more time to investigate three people linked to a failed terrorist attack on New Year's Eve at an undisclosed social club in Diani, Kwale County.

Mr Musab Abdulnasir Kassim, Mr Mistwah Abdulnasir Kassim, and Ms Aisha Abdalla Musa appeared in Mombasa court yesterday but were not charged.

Instead, anti-Terror Police Unit (ATPU) officer Japheth Yagan has filed another affidavit requesting more time to investigate the three, claiming that the seven days he was given last week were insufficient to complete investigations.

It has also been revealed that the Austrian-made Glock pistol recovered from the suspects, which was loaded with 15 rounds of ammunition, was used to commit a serious crime in the Kisauni area, within Mombasa County.

"The firearm was sent to a ballistic expert for analysis, and a report was obtained indicating that it had previously been used in a serious crime," Mr Yagan explained.

The investigator also revealed that the same firearm was going to be used to commit a crime in Mombasa during the holiday season.

He informed the court that the information in the suspects' mobile phones could not be accessed because they had provided incorrect passwords, causing their phones to be blocked.

This, according to the officer, has made it impossible for the analysts to explore and analyze the data.

"The cellphones were forwarded to the ATPU headquarters in Nairobi for further extraction, analysis, and transmission to the Google firm," the court heard.

According to new information shared with the court, the officer stated that he is investigating whether the respondents are members of a terrorism group with operations in Somalia and ISIS.

The officer expressed concern that if the respondents are released, his investigations will be jeopardized.

The court was also informed that investigations have shifted to the respondents' Mpesa and bank accounts in order to determine any financial ties to terrorism.

"The respondents have refused to disclose their bank accounts to help the investigators to carry out investigations. We intend to apply for bank accounts using their national identity cards," said the officer.

According to Mr Yagan, they have yet to receive call data records, MPesa statements, and other relevant communication from the service provider.

The court also heard that the government chemist has yet to provide a report on the substance found in the suspects' possession.

"The time elapsed since the respondents' detention is insufficient to make any determination," he said in his affidavit.

The court heard the suspects' information had been distributed to other investigative agencies to determine  if they had an active criminal record. 

According to police, Mr Musab and Mr Mistwah, along with their associates, planned to carry out an attack in Diani during the New Year's celebrations.

While the two were arrested on December 31 in Likoni , Ms Musa was arrested around 5 p.m. on January 1st, 2023 in Kizingo, Mvita constituency in Mombasa.

According to the police, when they were apprehended, Mr Musab and Mr Mistwah were on their way to meet two other unknown terror operatives in Diani, where they planned to launch the attack.

According to the documents supplied to the court, preliminary investigations have revealed that the two suspects are also linked to a string of robberies on Mombasa Island.

The two suspects are accused of impersonating motorbike delivery riders in Mombasa town in order to further their terrorist activities.

The court also heard that the suspects' cell phones had been sent to the Cyber Forensic Laboratory for forensic analysis.

The suspects are being investigated for belonging to a terrorist organization, conspiring to commit a terrorist act, and possessing a firearm without a firearm certificate.

However, the respondents have maintained their innocence, stating that they are not affiliated with any terrorist organization.

They have labeled the terror allegations as baseless.

Yesterday, the suspects requested that the media be barred from covering the proceedings.

Ms Musa's lawyer, Yussuf Aboubakar, requested that the proceedings be held in camera or in chambers because no charges have been filed against his client.

"The previous coverage in the press has created an impression in the public that my client has committed a serious crime. My client runs an employment agency that recruits young people abroad," the lawyer explained.

He also informed Mombasa Senior Resident Magistrate Ritah Orora that Ms Musa's clients have decided to withdraw because they do not want to be associated with terror suspects.

The magistrate will issue a decision on whether to bar the media from covering the proceedings Wednesday afternoon.

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