- One has cancer of the colon and the other suffers from a heart ailment.
- The court heard that all inmates are supposed to be treated at a government health facility.
Two Iranians in prison for terrorism and related charges want their 15-year sentence reduced.
Ahmed Abolfathi and Sayed Mansour Mousa have asked the court to reduce their sentence on grounds that their health is poor.
The two were in 2013 accused of possessing a lethal explosive identified as RDX. A magistrate's court sentenced them to life imprisonment but it was reduced to 15 years after appeal.
The two on Thursday told Justice Jessie Lessit that they want to be allowed to access medical services at Aga Khan University Hospital since they are suffering from chronic conditions.
The court heard that Abolfathi has a heart-related condition and a pulmonary artery complication. He also has a pacemaker fixed at his heart to mitigate a possible heart attack. Sayed Mansour on the other hand is suffering from cancer of the colon. The duo have since undergone major surgeries at Aga Khan University Hospital.
Through lawyer Chacha Mwita, the convicts said they were getting medical attention at the Aga Khan until early this year when the same was halted following orders from above.
According to Mwita, the duo have been getting medical care from the Aga Khan University Hospital since 2013 but have missed checkups since the outbreak of Covid-19. The two were referred to Aga Khan by Kenyatta National Hospital.
In a brief reply, the Director of Public Prosecutions opposed the application. The court heard that the referral is an illegality and that all inmates are supposed to be treated at a government health facility.
“Allowing the two Iranians to be attended at a private hospital may cause unrest within the prisons. The existing rules are that prisoners should be treated at government facilities for uniformity purposes,” counsel Jillo Guyo said.
Justice Lesiit will rule on the application on September 28.