The Anti-Terrorist Police Unit (ATPU) in Malindi has filed a miscellaneous application in court to detain Omar Msham Ismael, a prominent Ngomeni businessman, and philanthropist, for 14 days in order to complete investigations into alleged terrorist activities.
Msham was arrested on Friday night at his Ngomeni home after being discovered with several photocopies of national identity cards.
Among the issues under investigation are membership in a terrorist organization in violation of the Prevention of Terrorism Act of 2012, human trafficking in violation of the Counter Human Trafficking Act and soliciting support for the commission of a terrorist act.
He is also being investigated for facilitating the recruitment of terrorist group members and operating a non-governmental organization without registration or certification, in violation of the NGO coordination act of 1990.
Malindi ATPU Chief Inspector Nicholas Waringa told Malindi Resident Magistrate Olga Onalo that if the suspect was released, he could interfere with investigations due to his influence.
However, his lawyer, Abubakar Yusuf, challenged Waringa to notify the court of the preferred charges before seeking to detain the businessman for the specified number of days.
“A holding charge is required for an application like this to succeed, and none has been brought to this court.” “It is clear that the police intend to deny my client’s rights under the Terrorism Prevention Act 2012,” he told the court.
Msham testified in court that he had volunteered to help the police with their investigations.
“When they were questioning me, I told them that I help the community by educating and feeding children, and they asked where I get the money,” he explained.
He went on to say that some people were upset with his philanthropic ways and planned to fight him with the police.
