The High Court has allowed the Law Society of Kenya (LSK) and the Mombasa Law Society (MLS) to join the abduction and gang rape case of a blogger.
The two will join the case in which Mombasa Executive Committee Member for Lands Mohamed Hussein Mohamed, alias Amadoh, wants to stop the State from arresting and prosecuting him for the abduction and gang rape of a blogger.
Justice Wendy Kagendo permitted the advocates’ umbrella body to participate in the matter as interested parties, following an application submitted by its vice president Mwaura Kabata.
“The court will allow the proposed interested parties to come on record to avoid wastage of time. The applicant is to serve them with the application right away. They may put in their response,” said the judge.
The judge has also directed Inspector General of Police Douglas Kanja and the Directorate of Criminal Investigations to submit their responses within the next two days. The LSK and MLS are also to file and serve their responses to the application by Friday (October 4, 2024).
Mr Hussein has been granted leave to file any further affidavit along with his submissions. The other parties are also required to file and serve their submissions by October 8.
The applicant, Mr Hussein, has breathed a sigh of relief after the court extended orders preventing his arrest, detention, or interference with his freedom for the time being.
“The matter will be mentioned next week to confirm compliance. The order given on September 23, is hereby extended until October 9,” said the judge.
In his application, Mr Kabata informed the court that LSK is committed to ensuring justice for the victim who was sexually assaulted for exercising his freedom of speech, which is guaranteed by the constitution.
“This is a matter of public interest, and we want to see justice served to the victim,” stated Mr Kabata.
Okoko Njenga, the lawyer representing MLS, said their involvement in the case was aimed at upholding the integrity of the legal process and ensuring that the rights of victims are protected.
“We are not doing this for political reasons but as guardians of the rule of law and the relevant legislation that established the LSK,” said Mr Okoko.
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.
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“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.
Mr Hussein lamented that the DCI has threatened to arrest and detain him on unproven allegations that have not been disclosed to him, alleging a blanket offense of cyber harassment.
“The DCI has threatened and made several attempts to arrest and charge me with unspecified charges, without disclosing any particular offense to assist me in preparing for the said undisclosed offense,” he said.
He claimed that there 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 cited the recent incidents in the country where individuals are abducted and cannot be traced as reasons to seek protection from the police.
He also lamented that he has been threatened because of his position, his political stance, and his closeness to Governor Abdulswamad Nassir.
Mr Hussein alleged in his documents that he had received various communications, both directly and indirectly, intimidating and threatening him with arrest between September 16 and 20.
“I fear 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.
Mr Hussein stated that he is willing to assist the relevant authorities with investigations but is fearful of abduction.
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.
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.
