Muslim preacher linked to Al-Shabaab terror freed on bail

Hassan Mahat Omar in court on May 18, 2015 where he was charged with incitement. PHOTO | PAUL WAWERU |  NATION MEDIA GROUP

In Summary

• Senior Principal Magistrate Grace Mumasi at the Milimani Law Courts said the prosecution did not give “compelling reasons” to deny the suspect bail.
• She said there was need to demonstrate beyond reasonable doubt that the suspect may flee and fail to attend his trial.
• Mr Omar was arrested a month ago and detained pending investigations over his alleged involvement in the Garrisa University College terrorist attack, in which 142 students were killed

By VINCENT AGOYA
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An Islamic preacher who police linked to the Garissa University College attack and was charged with inciting Muslims to kill non-Muslims has been released on bail.

A court rejected a request by the Director of Public Prosecutions (DPP) to have Hassan Mahat Omar held in custody until the conclusion of his trial.

(READ: Shabaab-linked preacher charged with incitement)

Mr Omar is facing a separate case of being found in possession of two hand grenades at his home in Eastleigh, Nairobi.

The particulars of the new offence indicates he preached violence on or before March 6 at Al-Hidaya Mosque in Nairobi.

A magistrate granted Omar a bond of Sh2 million and ordered that he reports to the Anti-Terrorism Police Unit once every week till the case is heard and determined.

NO ‘COMPELLING REASON’

Senior Principal Magistrate Grace Mumasi at the Milimani Law Courts said the prosecution did not give “compelling reasons” to deny the suspect bail.

The prosecution had said there were apprehensions that the suspect may flee and that being a terror suspect he was a security risk to the public.

However, the magistrate ruled that bail may not be denied on mere apprehensions.

“The prosecution did not satisfy the court that there are probabilities and incentives by the accused person to abscond,” the magistrate said.

She said there was need to demonstrate beyond reasonable doubt that the suspect may flee and fail to attend his trial.

On the claim that he may interfere with witnesses, the magistrate said the charge sheet has only one witness, Corporal Jackson Chacha, a police officer and furthermore that the prosecution did not bother to show how the preacher was likely prejudice his trial.

COMPACT DISK

The alleged offensive utterances, although not included in the particulars of the charge sheet which has been read out in court, are in a compact disk titled Sheikh Hassan and which the police say the preacher personally published and is impounded as an exhibit in the case.

Mr Omar was arrested a month ago and detained pending investigations over his alleged involvement in the Garrisa University College terrorist attack, in which 142 students were killed.

The police had claimed he financed one of the worst terrorist attacks in the country and that he had been in “constant” communication with Mohammed Kuno, a leader of Al-Shabaab and the suspected mastermind of the Garrisa attack.

Mr Omar had also been accused of “radicalising” youth and facilitating their exodus to Somalia for recruitment into Al-Shabaab.

The case will be heard on July 30 and 31.