British national Jermaine Grant was on Wednesday found guilty of being in possession of explosive-making materials.
Mombasa senior principal magistrate Joyce Gandani said he will be sentenced on May 9.
Grant was charged alongside his wife Warda Breik and Frank Ngala after being arrested at a house in Kisauni. The house was allegedly owned by wanted terrorist Samantha Lewthwaite alias White Widow.
Grant was found in possession of explosive-making materials on December 20, 2011. The prosecution said he was preparing to commit a felony.
The sentencing was postponed after the DPP sought two weeks to prepare for the final submission, an application that was objected by defenc lawyer Mwita Chacha.
Chacha said the matter was of public interest. The court however allowed the application.
Gandani said the prosecution had proven beyond reasonable doubt that the Grant lived in the house where the chemicals which are key components in explosives making were recovered.
The chemicals included ammonium nitrate and sulphur sublime. Also recovered was a flash disk containing videos on how to assemble an explosive device.
The magistrate said it was clear that Grant was in the process of making an explosive which could have been deadly if it materialised.
She said it was evident Grant was aware of the chemicals inside the house he lived in, contrary to his claims that he was a guest in that house.
“I find an excuse by Grant that he was invited to stay in the house a day before his arrest unconvincing. It is evident he was aware of what was inside the house," Gandani said.
The magistrate however acquitted Grant of two other charges of being in possession of explosives and conspiracy to commit felony which could have caused loss of life.
Gandani said the charges were similar. She said the prosecution ought to have preferred a single charge.
The court said the prosecution failed in proving that Grant, alongside two other accused persons, had agreed to commit a felony.
Gandani said no communication was produced to prove the accused persons had been in communicating.
She acquitted Breik and Ngala citing lack of sufficient evidence. Gandani said it was evident that Breik had only met Grant once before their wedding and therefore she could not have been aware of her husband's doing.
The court said Ngala was brought into the case unknowingly as he was a stranger to both Grant and his wife.
The Briton is already serving a nine-year jail term in a case where he was accused of forging documents to get an ID card.
Edited by Peter Obuya
