A Malindi court will on Friday rule on an application by the Anti-Terrorism Police Unit seeking to detain a Magarini businessman for 14 more days to complete investigations into terrorism-related allegations.
Malindi Senior Resident Magistrate Olga Onalo said she would rule on whether Ngomeni-based businessman cum philanthropist Omar Mushamu should continue being held by the police as requested by the anti-terror agency in Malindi.
Mushamu was arrested on Friday last week on suspicion that he had links with the outlawed Al Shaabab militia after he was found in possession of photocopies of National Identity cards belonging to different people.
The ATPU is investigating to establish whether the businessman is a member of a terrorist group contrary to the Prevention of Terrorism Act 2012, whether he is involved in human trafficking contrary to the Counter Human Trafficking Act and whether he has been soliciting support for the commission of a terrorist act.
Chief Inspector Nicholas Waringa of the ATPU Malindi said the agency was also seeking to establish if the accused person was involved in facilitating the recruitment of members of a terrorist group and operating a non -governmental organisation without a registration certificate contrary to the NGO Coordination Act of 1990.
Mr Waringa told Ms Onalo that Mushamu was very influential and that if released, the he might interfere with investigations. Mushamu is a former long-serving chairman of the Ngomeni Beach Management Unit (BMU) and still wields a lot of influence among the fisherfolk in the area.
Waringa’s application however faced stiff opposition from the accused person’s lawyer, Yusuf Abubakar, who challenged the ATPU to state the charges against his client before seeking to hold the suspect for more days.
“For an application like this to succeed there must be a holding charge and none has been brought to this court. It is clear the police want to use the Terrorism Prevention Act 2012 to deny my client his rights,” he told the court.
On his part, the suspect said he had been cooperating with the investigation officers, noting that some people had questioned the source of the wealth he was using to educate and feed children from destitute families.
“During their investigations, I told the officers that I help the community by educating and feeding children and they asked me to tell them the source of my income,” he said adding, “Some people are not happy with my philanthropic activities and are out to use the police to fight me.”
