Court allows police to detain Turkish nationals Elsek Osman, Gokmen Sandikci in terrorism financing probe

“Nothing has been shown to justify the 14 days. I will allow five days and put the prosecution on notice that further detention will not be allowed,” the court ruled.

The two suspects, Osman Erdinc Elsek and his business associate Gokmen Sandikci, were on Tuesday, January 27, presented before the court, where the Office of the Director of Public Prosecutions said investigations were ongoing. The prosecution added that detectives were yet to receive several crucial documents necessary to conclude the inquiry.

“We are here to inform the court that investigations have been carried out by the investigating officer, but there are several crucial documents that are very important to the ongoing investigations whose reports have not yet been received,” the prosecution said.

The State argued that the additional time sought would allow investigators to obtain and finalise the outstanding reports before making a decision on how to proceed with the matter. The prosecution further said the case fell under the Prevention of Terrorism Act (Pota) and that holding the suspects in custody was necessary to prevent interference with investigations.

“This is a matter under (Pota). We are apprehensive that Mr Elsek is a man of means and is capable of interfering with investigations,” the prosecution told the court.

The defence opposed the application, terming the case corrupt and an abuse of the criminal justice system. According to the defence, the two foreigners were being punished for the good work they were doing in society.

“The case before you is a corrupt one. A mere accident cannot be transformed into a terrorism case. This is corruption of the highest level,” the defence said.

However, this was met with rebuttal from the prosecution, which stated: “We are not investigating an accident, but a case of terrorism financing. The accident is being investigated by another police station."

The prosecution also cited an existing case involving Elsek before a magistrate’s court, where he is facing charges of conspiracy to defeat justice and obstruction of justice, arguing that releasing him before investigations were completed posed a risk.

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Defence Counsel further warned that such treatment of investors would damage Kenya’s reputation.

“If you are going to treat investors like this, can we expect any investor to be interested in investing in this country?” the defence asked.

On behalf of Sandikci, the advocates argued that his only alleged wrongdoing was his association with Elsek.

“The only crime committed by Mr Sandikci was being in the company of Mr Elsek at the time of the accident,” the defence said.

The advocate further faulted the prosecution for failing to file an affidavit detailing investigative progress or demonstrating why more time was required.

“There is no memo, letter or application showing that police are seizing bank documents or other materials. The only explanation given is that investigators are waiting for forensic reports from government agencies,” the court was told.

The defence argued that the suspects had fully cooperated with investigators and had not interfered with any inquiries.

“Apart from a search conducted at their houses, the respondents have remained in police custody. They have not hindered investigations and have supplied all documents requested. There is no need for them to be in custody for the police to receive reports from banks or phone data analysis,” counsel said.

The defence also pointed out that the suspects’ travel documents were already in police custody, eliminating any risk of flight.

“Their passports and Mr Elsek’s refugee card are with the police. The court can impose conditions such as daily reporting. Continued detention amounts to an infringement of their rights. Mr Elsek is a refugee and cannot escape. Three hundred hours in custody amounts to persecution,” the defence argued.

After considering both sides, the court allowed the ATPU to continue holding the suspects for five more days but warned that no further extension would be granted.

The two Turkish nationals are under investigation for alleged terrorism financing. They were arrested following a road rage incident involving Orange Democratic Movement party politicians who were travelling from a Central Management Committee meeting earlier this month.

They were arrested on January 13 and presented to court, where the prosecution said they were persons of interest in relation to the financing of terrorist activities. According to an affidavit sworn by Hassan Sugal of the ATPU, the suspects are also under investigation for misuse of a firearm under the Firearms Act.

Police told the court that Mr Sandikci failed to produce identification documents at the time of arrest, while Mr Elsek was found in possession of a Kenyan refugee alien certificate.

Investigators also said Mr Sandikci was armed with a Glock pistol loaded with 15 rounds of ammunition, which was seized. The state said it had received credible intelligence linking the suspects to terrorism financing activities and sought time to scrutinise their financial records, phone data, immigration status and residences, arguing that they were flight risks.

However, Mr Elsek disputed the allegations, insisting the matter arose from a traffic accident and a politically charged confrontation, not terrorism. He said the incident began when his vehicle was hit by a speeding car along the Mombasa-Malindi highway, triggering an altercation after he pursued the vehicle.

He later learnt that the occupants were part of Wajir Governor Ahmed Abdullahi’s convoy. He alleged he was assaulted and threatened with deportation.

Mr Elsek described the terrorism financing allegations as politically instigated, malicious and unsupported, arguing that his detention was unnecessary for investigations. He said he was a licensed firearm holder and accused investigators of seeking unlawful detention without a holding charge.

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