Order to detain Senate staff over alleged terrorism link 'illegal', court told

The Senate in session. A 10-day extended detention order against a Senate employee held over alleged links to the terrorist group Al-Shabaab is illegal, a Nairobi court was told on Wednesday. FILE PHOTO | NATION MEDIA GROUP 

In Summary

• The anti-terrorism police unit made and was granted the request in the absence of the suspect, which is in violation of the Constitution and the Prevention of Terrorism Act,” lawyer Chacha Mwita told a Nairobi court.
• Mr Mwita said that a respondent, such as Mr Ahmed, is "required by law to be present to respond to an application seeking his further detention, for the court to make a judicious decision."
• The suspect has been detained at the Kileleshwa Police Station in Nairobi.

A 10-day extended detention order against a Senate employee held over alleged links to the terrorist group Al-Shabaab is illegal, a Nairobi court was told on Wednesday.

"The Anti-Terrorism Police Unit made and was granted the request in the absence of the suspect, which is in violation of the Constitution and the Prevention of Terrorism Act,” lawyer Chacha Mwita told a magistrate at the Milimani Law Courts, while applying for a production order for Mr Ali Abdulmajid Ahmed.

“The orders attained are thus illegal and so is the continued stay of the respondent in police custody," he said.

Mr Ahmed has been detained following "intelligence" reports that he may be a spy working for Al-Shabaab and could be used to facilitate an attack at the National Assembly.

"He was placed in police custody on Sunday, April 20, after he presented himself to the Pangani Police Station upon being summoned via a phone call," the lawyer said.

Mr Mwita said that a respondent, such as Mr Ahmed, is "required by law to be present to respond to an application seeking his further detention, for the court to make a judicious decision".

He said the police sneaked in an application in the suspect’s absence and a magistrate went ahead to issue an order without involving him.

"Section 33 of the Prevention of Terrorism Act states that a police officer who detains a suspect must produce the suspect before a court and apply in writing for the extension of time for holding the suspect in custody," he said.

The lawyer added that in their application for the extended detention, the police had indicated that it would be heard inter partes.

FURTHER INVESTIGATIONS

Magistrate Bernard Nzakyo gave the police the 10-day custodial order to conduct further investigations into the suspect’s links to the alleged terror plot to bomb Parliament.

The police had told the magistrate that Mr Ahmed is believed to be an Al-Shabaab linkman on a mission to assist the terrorist group in "casing" Parliament buildings for a possible attack.

An affidavit presented before the magistrate stated that intelligence reports had linked the suspect to questionable activities.

"A mobile phone belonging to the suspect is under analysis for any incriminating evidence," police corporal Jackson Chacha stated in the affidavit.

Mr Chacha stated that the suspect may be charged with terrorism-related offences if investigators get enough evidence to incriminate him.

The suspect has been detained at the Kileleshwa Police Station in Nairobi.

"He is considered dangerous to the security of this country bearing in mind the mayhem terrorism has caused before," the affidavit read.

It is not the first time the suspect has been linked to terrorism. In 2011 he was investigated and "cleared," according to his lawyer.

His arrest came after police said Al-Shabaab agents were plotting to plant bombs in Parliament and other key government installations.