A Nairobi court has allowed police 10 days to detain two suspects accused of plotting to facilitate the escape of two Iranian nationals detained at the Kamiti Maximum Prison over terrorism-related charges.
The two; a prison warder identified as Wesley Kiptanui Kipkemoi and Shemgrant Agyei — a Ghanaian national — together with a Kenyan Advocate Robin Bundi Nyangaresi were arraigned before Principal Magistrate Peter Ooko on Tuesday.
The advocate was, however, released on a bond of Ksh.200,000 or Ksh.100,000 cash bail.
While granting Mr. Bundi bail, the Magistrate ruled that he was convinced that the advocate had been extensively interrogated, hence, there was no merit to have him detained for the 30 days sought by the prosecution.
The advocate was, however, ordered to be reporting to the investigating officer at the Anti- Terror Police Unit (ATPU) headquarters on a daily basis until the 10-day investigation period is over.
On Monday, the prosecution had sought to have the three suspects detained for a month over their alleged “active involvement in an elaborate planning and execution of the escape of the two Iranians; Ahmad Abolfathi Mohammed and Sayed Mansour Mousav.”
Senior prosecution counsel Duncan Ondimu told court that the three suspects with the help of a senior diplomat at the Iranian Embassy were to unlawfully secure the release of two Iranians who are held at Kamiti pending a ruling by the Supreme Court on their release.
He alleged that preliminary investigations showed that the three suspects met on diverse dates with a senior diplomat at the Iranian Embassy and the main purpose of the discussion was on how to aid the escape of the two Iranians.
The court heard that DPP has on several occasions received intelligence in relation to the planned escape of the two Iranian nationals.
Ondimu said the suspects, together with the senior diplomat, whose name was withheld pending a confirmation from the Ministry of Foreign Affairs, held several meetings on diverse places including shopping malls in Westlands and hotels in Hurlingham and CBD and there is need to obtain CCTV footage of the areas.
“Some of the areas included premises covered under Diplomatic Immunity and there is need to seek assistance of the Ministry of Foreign Affairs,” said the prosecution.
Ondimu further submitted that the plan to facilitate the escape started in May and June last year, therefore, police needed more time to obtain call data records for the mobile numbers which were involved in the planning.
The court further heard that on February 10, in a bid to facilitate the planned escape of the two Iranians, a senior diplomat at the Iranian embassy booked a flight with Qatar Airways and there is need to obtain CCTV footage of the airline offices.
Perusal of the air-ticket showed that the two nationals and the said senior diplomat at the Iranian embassy were scheduled to leave on the same flight on February 11, 2019.
During on-going investigations, several electronic gadgets have been recovered and have been submitted for forensic examination.
Prosecution further informed the court that the investigations are complex and require additional time and it involves a number of agencies and the Ministry of Foreign Affairs.
The matter will be mentioned on March 11 for further direction.
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