The office of the DPP yesterday made final submissions in the prosecution with hopes of securing conviction of the five people charged with murder of 150 people at the Garissa University College on April 2, 2015.
The suspects are Mohamed Abikar, Hassan Edin Hassan, Sahal Diriy, Hussein Osman Dagane and Tanzanian Rashid Charles Mberesero.
They are charged with conspiracy to kill 144 students, four security officers and two employees of the university.
They allegedly conspired with four terrorists who died at the university including Abdirahim Abdulahi and Khalid Hassan, and two others who have never been identified. The four slain suspects were found dead by the Anti Terror Police Unit officers and mobile phones recovered. They also had an AK 47 each and a military pouch. Only two of them - Abdulahi and Hassan were identified using fingerprints.
Abikar, Hassan, Diriy, Dagane and Mberesero are also charged with committing 150 terrorist acts that caused the deaths and being members of a terrorist group- al Shabaab.
The four security officers included two KDF personnel and two police officers who were among the first to respond in to rescue the students.
The suspects are facing a total 156 counts each including being members of a terrorist group and being unlawfully present in Kenya.
A total of 21 witnesses have testified against them including students who survived the attack.
Postmortem reports of 125 bodies was presented before the court as an exhibit during the trial of the suspects.
And state counsel Carol Sigei yesterday said the direct and circumstantial evidence is salient enough to find the suspects guilty.
Sigei said the five suspects who were arrested with the assistance of the National Intelligence Service were in active communication with their four accomplices who were found dead by the Anti Terror Police Unit officers at the university's compound.
Sigei said phone data analysis showed that one mobile phone found on slain terrorist Abdulahi's body had communicated with four of the suspects hours before the dawn attack. The ATPU established that suspects in court were in communication with the slain attackers and the state prosecution office is relying on this as the circumstantial evidence to secure conviction of the five suspects.
Sigei said a notebook found in Mberesero's bag at a mosque near the university which was written in his handwriting showing he supported Jihad and a witness testified that he found him unusually peculiar at the day of the attack and left behind his bag .
Abikar was arrested by KDF officers in Mandera after the NIS informed the military of his movements. He was aboard a PSV bus headed to Mandera town.
But Sigei said the intelligence information is protected. Dagane was a watchman assigned guard duries at the staff quarters but was arrested at the students' hostels.
Lawyer Mbungua Mureithi for the suspects said Dagane was a watchman an employee of the university and was visiting. He said an inventory filed in court indicated that no mobile phone was found on Hassan's body and the reports that his phone was used to track the suspects is creation of the prosecution.
Chief magistrate Francis Andayi will rule on the mater on Wednesday next week.