Mombasa Governor Abdulswamad Nassir has recorded a statement over the gang-rape of a blogger who criticised him on TikTok.
Mr Nassir recorded the statement at the Police regional headquarters in Mombasa on Thursday, and maintained his innocence and asked that police do their work and justice be served.
The governor, whom detectives are treating as a person of interest in the case, said he was be ready to present his mother to the police in case she is summoned.
This came as County Executive Committee Member for Lands Mohamed Hussein Mohamed, alias Amadoh, told the High Court that he was ready to assist security agencies with investigations into allegations of cyber harassment linked to the abduction and gang rape of the blogger.
However, Mr Hussein has expressed fears for his life and that of his family, alleging that he has been receiving calls from unknown individuals claiming to be detectives since September 16.
“I am willing to assist the relevant authorities. However, due to the recent incidents of abductions by unknown individuals in the country, I fear for my life and worry about my rights being curtailed by government agencies,” he told the court in Mombasa on Thursday through Soni & Associates Advocates LLP.
Mr Hussein also informed the court that he was not a flight risk, as he is a senior public officer and would be ready to record a statement should the need arise.
In documents filed before the court, the Lands CEC lamented that officers from the Directorate of Criminal Investigations (DCI) had threatened to arrest and detain him on false allegations that had not been disclosed to him, alleging a blanket offence of cyber harassment.
“The DCI has threatened and made several attempts to arrest and charge me with unspecified charges, without disclosing any particular offence to assist me in preparing for the said undisclosed offense,” he said.
Mr Hussein cited recent incidents in the country where individuals have been abducted and cannot be traced as reasons to seek protection from the court against the police.
He claimed that the accusations of cyber harassment are politically instigated actions, omissions, and commissions against him because of the posts he holds in the county.
“This whole process is aimed at tarnishing my reputation and settling political scores, as can be clearly seen from the apparent disregard for laid-down procedures with the sole aim of intimidating me,” he said.
He also lamented that he had been threatened because of his position, his political stance, and his closeness to Mombasa Governor Abdulswamad Nassir.
Mr Hussein alleged in his documents that he has received various communications, both directly and indirectly, intimidating and threatening him with arrest between September 16 and 20.
“I am afraid for my life. It is for this reason that I come before the court seeking protection through the issuance of anticipatory bail to prevent my illegal arrest and detention by the DCI,” he said.
This came as the High Court allowed both the Law Society of Kenya and the Mombasa Law Society to formally join the case to ensure justice is served to the molested blogger.
Mr Hussein filed this case on September 23, to block the state from arresting and prosecuting him over the abduction and gang rape of the blogger identified as BJK.
However, the Office of the Director of Public Prosecutions has opposed Mr Hussein’s application, arguing that there was no malice or abuse of power when the DCI issued a notice compelling him to appear and record a statement.
“Mr Hussein has failed to demonstrate the prejudice he may suffer, the threat, or the contravention of his rights due to the investigations being conducted by the DCI. Simply feeling inconvenienced by investigations is not a sufficient basis for him to be granted the relief he seeks from the court,” stated the ODPP.
The DCI, through Chief Inspector Capius Otieno, disclosed that Mr Hussein had been summoned in relation to ongoing investigations concerning the offense of Cyber Harassment, contrary to Section 27 of the Computer Misuse and Cybercrime Act No. 5 of 2018.
“It is crucial that Mr Hussein presents himself before the investigation team as required in the summons to shed light on issues arising from the ongoing investigations,” he said.
The police believe that Mr Hussein is connected to the offense under investigation or possesses information that could assist them in their inquiry.
The court has heard that Mr Hussein together with his boss Mr Nassir are persons of interest regarding the abduction and gang rape of a Mombasa blogger.
High Court Judge Wendy Kagendo stated that the matter of anticipatory bail will be addressed when the court delivers its ruling on Mr Hussein’s application.
The judge indicated that, for now, Mr Hussein is expected to continue complying with the summons as needed. However, the order stopping his arrest and detention was extended until October 9.
Four people have been already charged with abduction, gang raping and assaulting the blogger. They are Ms Esther Muthoni John, alias Totoo, and Ms Violet Adera, alias Vayoo, Mr Abdul Hassan Athman, alias Sindimba, and Mr Haji Babu Ndau Mohamed, alias Achkobe or Jay.
