Kenyan court jails British terrorism suspect for 9 years

Jermaine Grant appeared calm and composed during sentencing. PHOTO | KEVIN ODIT 

By PHILIP MUYANGA

British terror suspect Jermaine Grant was on Wednesday sentenced to nine years imprisonment.

High Court judge Martin Muya sentenced Grant to one year imprisonment on each of the nine charges he faced. The sentences will run consecutively.

The Briton had been charged at the magistrate’s court with making a false statement to the registrar of births, three counts of procuring execution of a document by false pretenses and an attempt to procure registration by false pretenses.

Others were making a false document and three counts of uttering a false document.

“It is clear the offences were not committed on the same date, they were not committed in one transaction but two,” said Justice Muya, who also noted that the accused was not a first time offender.

On Tuesday Justice Muya set aside a decision by then Shanzu Resident Magistrate Anastacia Ndung’u acquitting Grant following a successful appeal by the Director of Public Prosecutions.

The terror suspect who was dressed in a maroon T-shirt appeared calm and composed during sentencing.

Immediately after the sentencing, lawyer Chacha Mwita for the accused made an application to appeal which was granted.

The judge allowed the appeal by the DPP, set aside the acquittal and substituted it with a conviction on all the nine charges.

“It was clear, it was the accused who wanted to procure a birth certificate, there is no doubt as to his intention and pivotal role he played,” said Mr Muya.

The judge also noted that the magistrate did not deliberate on the issue of a joint offender noting that two prosecution witnesses participated in commission of the offences.

In mitigation, Grant asked for leniency saying since his arrest in 2011 he has been in custody. Through his lawyer, he said the period he has stayed in custody was enough to cover for the sentence.

“The court should take into consideration that the accused has been co-operative, there is no entry in the trial court that he has been un-cooperative,” said Mr Mwita.

Mr Mwita also urged the court to consider a concurrent sentence as a matter of law and practice.

Principal Prosecution Counsel Jami Yamina said Grant had been convicted and sentenced before at the chief magistrate’s court.

Mr Yamina who filed the appeal on behalf of the DPP urged the court to sentence him consecutively.

In acquitting Grant early this year, the magistrate said the prosecution did not prove the charges beyond reasonable doubt.

“In the end, I agree that the accused may be a prime suspect in the crime that took place, but a conviction cannot be founded on mere suspicion however strong,” said the magistrate.