Anti-terror police seek to hold suspected Al-Shabaab informers longer

Mombasa Law Courts

The Mombasa Law Courts

Photo credit: File | Nation Media Group

Detectives from the Anti-Terrorism Police Unit (ATPU) are seeking to hold for 14 more days three terror suspects arrested last month for communicating with Al-Shabaab militants.

In a letter produced in court, Mr Morris Kinyua of the ATPU said police had not finalised their investigations within the first 14 days granted earlier.

“This crime involved more than one country, Somalia and Kenya. Please note that there was a challenge because the allowed days fell within the holidays. It was therefore difficult to access government offices,” Mr Kinyua said in the letter to the Office of the Director of Public Prosecutions. 

"In relation to the above, this office prays for more 14 days to finalise investigations.”

Mr Kinyua said the ATPU is relying on an intelligence report that indicates that Mr Osman Mohamed Hassan, Mr Mohamed Ibrahim

Hassan and Mr Hussein Ibrahim Hassan had planned an attack during the Easter holidays and over Ramadhan.

The suspects opposed the attempt to detain them longer, arguing that no valid reason had been provided for the court to consider the request.

Through their advocate Chacha Mwita, the suspects told the court that they had cooperated with investigators and no evidence was provided in court to prove that they were a flight risk.

“The contents of the letter are accusations which have not been proven but a scarecrow meant to scare the court to issue favourable orders,” Mr Mwita said.

He also told the court that his clients were ready to comply with any order, including reporting to the ATPU headquarters daily until the investigations are concluded.

“Creditors have come knocking, they are threatening to break into Osman’s shop to recover the goods supplied to him because of the debt. One’s liberty cannot be curtailed on the strength of a letter whose contents are mere allegations which have not been proved,” the lawyer said.

The ATPU said it is investigating the three for allegedly being members of a terrorist group and conspiring to commit a terrorist act.

The three were arrested when police received information that the Somalia-based Al-Shabaab militants had dispatched seven operatives to Kenya to carry out a terrorist attack.

The court was told that the attack was being coordinated by the seven operatives who had sneaked into Kenya from Somalia.

Court documents show that the three had been in constant communication with the operatives, who are in hiding.

The three were arrested on April 13 at the Muzamil shop in Barsheba, Kisauni, and booked in three separate police stations –Makupa, Central and Port. 

The police also said they had not received a forensic analysis report on four mobile phones seized from the suspects.

A preliminary report indicated that the suspects have family ties with known terror operatives in Somalia.

The state told the court that Mohamed Ibrahim Hassan sneaked into Kenya from Somalia for an unknown mission.

The court also heard that investigations were to stretch to the Dadaab and IFO refugee camps in Garissa County, where Mr Hassan is believed to have met with other known terror operatives.

The suspects will remain in police custody pending the filing of another affidavit to support the request to detain them longer.