A Mandera suspected terrorist who was detained after a false conviction for terrorism-related offenses, including travel to Somalia, has been released by the Garissa High Court following a successful appeal by the judge, who stated that the trial magistrate erred in fact and law.
Mohamed Omar Haji was serving a 10-year jail term after his conviction for numerous terrorism-related offenses.
However, Justice Onyiego said the evidence that led to the conviction of Mohamed was not sufficient and released him.
The prosecution’s evidence in chief against Mohamed was that he was on August 19, 2021, found with mobile phones separately fitted with Safaricom, Sominet, and Hormud SIM cards in the Kalalio area during his arrest.
Cpl. Korir had told the trial court that they received an intelligence report that Mohammed, who was said to have traveled to Somalia, was back in Kenya and proceeded to arrest him.
It was also alleged that there were memory cards with pictures of Mohamed taken from undisclosed locations while dressed in Somali National Army uniforms and upon further investigation, it was discovered that he stayed in Garbahare, a place mostly inhabited by the Al-Shabaab militia.
But Mohamed, during the trial, told the court in sworn testimony, that he came from Darika Kalalio but denied being involved in the commission of the offenses.
He stated that he was arrested while at his farm and the charges were precipitated by the people who killed his father, who are now after him as they want to kill him too.
He argued that he was simply framed and the said photos were not his as he had never been to Somalia.
Justice Onyiego said he finds it difficult to agree with the trial court that jailed Mohamed without any demonstrable linkage because the findings were not supported by evidence on record.
According to the Judge, in any event, there was no explanation given by Cpl Korir as to whether they were looking for (Mohamed) before receiving intelligence connecting him with Al-Shaabab.
“Most importantly, the prosecution relied on the evidence of Cpl. Korir alone to convict. There was no corroboration. The appellant denied the offence. He claimed that he was framed. Nobody came forward to confirm the testimony of Cpl. Korir that the phones in question were found in possession of the appellant despite saying that he was in the company of some officers.”
Justice Onyiego faulted the magistrate who convicted and jailed Mohamed for failure to caution themselves from relying on evidence of one witness in convicting Mohamed.
