82 people arrested in Mombasa arraigned, released on Sh80K bail

The group of elderly individuals, consisting of 77 men and five women, denied the charges.

In Summary
  • On Wednesday, at around 1500 hours within Mikanjuni in Mtwapa Township in Kilifi County, the group was found armed with 41 Pangas, knives, and strange paraphernalia.
  • Shikanda released the suspects on Sh200, 000 bond terms with a similar amount of surety or an alternative Sh80, 000 cash bail each.
A group of 82 suspects, who were arrested on Wednesday in a house in Mtwapa in Kilifi County, arraigned on Thursday afternoon before a Shanzu Magistrate Court.
A group of 82 suspects, who were arrested on Wednesday in a house in Mtwapa in Kilifi County, arraigned on Thursday afternoon before a Shanzu Magistrate Court.
Image: JOHN CHESOLI

A group of 82 suspects, who were arrested on Wednesday in a house in Mtwapa in Kilifi County, were arraigned on Thursday afternoon before a Shanzu Magistrate Court.

The group of elderly individuals, consisting of 77 men and five women, were charged with three counts; among them unlawful assembly and preparation to commit a felony.

According to court documents, on Wednesday at around 1500 hours within Mikanjuni in Mtwapa Township in Kilifi County, the group was found armed with 41 Pangas, knives, and strange paraphernalia.

Prosecution counsel Peris Ogega said the circumstances indicated that the suspects were so armed with the intent to commit a felony; namely preparation for warlike acts against the people of Kenya.

The group was ambushed in the secluded house of Jefwa Bakari's within Golden Key Area at 2.30 pm after the police were given a tip-off from members of the public.

They all denied the charges before Shanzu Principal Magistrate Yusuf Shikanda.

The prosecution counsel opposed the application to release the suspects on bond, arguing that the investigations are still underway.

She also said the suspect come from different parts of the coast, among them Mombasa Island, North Coast, and South Coast.

“Witnesses might be threatened to record a statement. The main culprits are on the run and the investigations are ongoing to establish who they are,” Ogega told the court.

She said this is an election period and such offences ought to be taken seriously, lest they escalate and cause havoc in the country.

She said they will need at least 14 days to complete investigations.

She asked the court to give strict bond terms if the suspects are to be released.

Defence counsel Boaz Adalla, who wanted to present one of the suspects in the case, was asked by Principal Magistrate Shikanda to offer pro-bono services to the whole group.

An elderly man alights from a police truck at the Shanzu Magistrate Court.
An elderly man alights from a police truck at the Shanzu Magistrate Court.
Image: JOHN CHESOLI

He agreed.

Adalla said it is unfair to keep such a large group of elderly persons behind enclosed areas at such a time when the country is still grappling with Covid-19.

“It goes against the health guidelines and it is also unfair. To ask for two weeks to hold the accused persons is grossly unjust,” he said.

He said it is election time and that is why those people were congregating.

“There is nothing wrong with congregating. Give them their minimum bond terms so that they enjoy their civil rights. Otherwise, this will open the floodgates for political opponents to round up their opponents' supporters and quote the penal code,” he said.

Shikanda released the suspects on Sh200, 000 bond terms with a similar amount of surety or an alternative Sh80, 000 cash bail each.

The matter is coming up on July 14.

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