• High court convicted the two Iranian suspects to 15 years in prison
• The two will be taken to Kamiti to serve the remaining years and later expatriated.
The supreme court has upheld the decision of the High Court that convicted two Iranian suspects to 15 years in prison over terrorism.
However, Justice Mohammed Ibrahim and Smoking Wanjala dissented to the decision of the majority judges saying the evidence against Sayed Mousavi and Ahmad Mohammed was not watertight.
The two judges said the evidence was purely circumstantial which could not have been used to prove the case beyond reasonable doubt.
Chief Justice David Maraga, Jackton Ojwang', Njoki Ndung'u and Isaac Lenaola were the majority judges.
Ojwang' read the ruling on behalf of the majority while Justice Ibrahim read the dissent.
The two Iranians will now be taken to Kamiti Maximum Prison to serve the remaining years of their sentence and later expatriated.
On May 6, 2013, a Magistrates court convicted and sentenced Mousavi and Mohammed to serve life imprisonment.
TERROR TRAIL
Ahmad and Mousavi were arrested in Nairobi in June 2012 and led the police to Mombasa Golf Course where 15kg of RDX explosives were found.
They were subsequently convicted of two counts of preparing to commit a felony and being in possession of highly explosive material and sentenced to life imprisonment in 2013 by a magistrate’s court.
Being aggrieved by this decision, they appealed to the High Court where Justice Luka Kimaru set aside the sentence of life imprisonment and directed they serve fifteen years in jail.
The Iranians have since served five years. and will now serve the remainder 10 years of their sentence.
The Director of Public Prosecutions last month accused a senior diplomat at the Iranian Embassy of colluding with lawyer Robin Nyangaresi, Wesley Kiptanui and Shemgrant Agyei for an escape plan of the two Iranians.
DPP Noordin Haji said he had been following orders from Tehran to ensure Kenyan authorities are not aware of Iranian government involvement.
Prosecutor Duncan Ondimu told magistrate Peter Ooko that the three lawyers met on diverse dates with the Iranian diplomat to discuss how to help the convicts escape.
However, Iran later dismissed reports that they want to sneak out the two convicts.
Ambassador Hadi Farajvand said that he was approached by two people who wanted to be bribed so that they can release the terror suspects.
Earlier this week, the court was told the CCTV footage capturing meetings of three people accused of aiding three Iranian convicts escape was overwritten.