• The prosecution has asked the court to hold on to the issue of sentencing to allow the victims of the attack to write victim statements.
• The defense said the second accused who has been acquitted is a refugee and his alien card should be released to him.
Two accused persons charged in the Westgate attack case have been found guilty of conspiracy to commit a terrorist act. The two are Mohammed Ahmed Abdi and Hussein Hassan Mustafa.
Two accused persons charged in the Westgate attack case have been found guilty of conspiracy to commit a terrorist act.
The two are Mohammed Ahmed Abdi and Hussein Hassan Mustafa.
However, one of the accused Liban Abdullahi Omar has been acquitted for lack of evidence.
Liban was a brother to one of the attackers and chief Magistrate Francis Andayi ruled that the communication between him and his brother does not prove that he conspired to attack Westgate Mall.
The evidence of Omar is that he communicated with a man whom he said - and the prosecution agreed with him - that he was his brother a total of 91 times.
In addition, the prosecution was also able to show that he communicated with the other two attackers.
"Considering the evidence tendered against Omar, I would give him the benefit of the doubt and find that the communication that he had on his phone and line with the other attackers beginning with his brother was done by his brother."
"Although there is no evidence showing that the two gave financial, logistical and material or any other support to the attackers, having found that the accused conspired in the terrorist attack, I find that their communication with them was giving support to their endeavors."
"I am satisfied that the prosecution has proved the charges of conspiracy to commit a terrorist act and giving support to a terrorist against the two accused persons, I find them guilty and convict them accordingly,” the judge ruled.
The prosecution has asked the court to hold on to the issue of sentencing to allow the victims of the attack to write victim statements.
The defense said the second accused who has been acquitted is a refugee and his alien card should be released to him.
They want him handed over to the UNCHR.
On Tuesday, the judgement on the suspects was adjourned, again, due to time constraints.
There was tight security at the Milimani law courts ahead of the expected judgement.
ATPU officers were seen with their face masks on and guns ready as they roamed around and kept watch around the courts.
The Westgate terror suspects had last month complained of 'harsh' prison conditions as they awaited sentencing over the attack that left 67 dead in 2013.
In the case, Mohammed Ahmed, Liban Abdullahi and Hussein Mustafa were charged with giving support to a terrorist group.