Mr Omar Ali Mohamed in Shanzu Court on November 11, 2024. He denied four charges of kidnapping, gang rape, conspiracy to commit an offence and assault causing actual bodily harm to a Mombasa blogger.
A court has been informed how a key suspect in the abduction, assault, and gang-rape of a Mombasa blogger hired the vehicle that was used to transport the victim from his house to the Mwakirunge dumpsite, where he was abandoned.
The prosecution on Tuesday told a Shanzu court that Omar Ali Mohamed was directly linked to the September 12 incident, during which the blogger, BJK, was sexually assaulted by the gang before being dumped in an unfinished building near the dumping site.
“It was established that Mr Mohamed is directly involved in the commission of the offences because he was the one who hired the vehicle used to commit the offences,” said investigating officer Irene Karuga in an affidavit filed in court.
The investigator told Shanzu Senior Resident Magistrate Robert Mbogo that there were M-Pesa records, statements, a journey map, and CCTV footage to substantiate this. These items will be provided to the suspect during the trial.
Mr Mohamed was charged with four offences, including conspiracy to commit a felony, abduction with intent to confine, gang rape, and assault causing actual bodily harm.
The court was informed that the suspect conspired with four other individuals, already charged in court, to abduct the blogger before ultimately confining the victim with the intent to keep him secretly and wrongfully confined.
Gang-raped
The court further heard that the suspect, along with others already before the court, gang-raped the blogger before assaulting him with kicks and fists, injuring him.
However, the suspect denied all the charges.
Ms Karuga has filed an affidavit asking the court to deny the suspect bond, describing him as a flight risk because he had been on the run since he returned the motor vehicle to its owner.
“The suspect was arrested at the Lunga Lunga border entry point following intervention from the immigration department, which acted on an alert previously issued for all entry and exit points within the Republic of Kenya,” the officer stated while being guided by prosecution counsel Nadrat Mazrui.
The officer further expressed concerns that the suspect could interfere with witnesses if released.
“He has a significant chance of interfering with witnesses due to his considerable influence in Mombasa politics, and he is a mobiliser for prominent political figures. This incident is of public interest, and releasing him would pose a danger to his life,” the officer remarked.
The court also heard that the suspect lacks a fixed residence, as he claims his father and sister live in Tanzania, while his immediate family resides in Mombasa.
However, Mr Mohamed, through Kakai Mugalo & Co. Advocates asserted that he has a fixed residence in Mombasa, where he has children and other extended family members.
“Like the rest of Kenyans, I also learned through social media about the abduction and gang rape of the blogger. If it is true, it is quite unfortunate, as he is someone I know, and he knows me as well,” he stated.
Mr Mohamed claimed he was unaware that the police had been searching for him before his trip to Tanzania in connection with the offence.
“Had I received any summons, whether through a phone call, police notice, or a visit to my residence by the police, I would not have hesitated to honour it,” he said.
He stated that the police's claim he was arrested while attempting to flee the country is a fabrication and that he intends to sue the police for defamation and character assassination.
The suspect also alleged that he was beaten by the police and threatened with being injected with blood infected with HIV to coerce him into admitting knowledge of the construction site where the blogger was sexually assaulted.
“I was further pressured to say that it was the Mombasa governor and his staff who were behind the abduction, assault, and alleged sexual assault,” he said.
His arrest and arraignment bring to five, the total number of suspects formally charged with the abduction and gang-rape of the blogger.
Others already charged with similar offences are Ms Esther Muthoni John, alias Totoo, Ms Violet Adera, alias Vayoo, Mr Abdul Hassan Athman, alias Sindimba, and Mr Haji Babu Ndau Mohamed, alias Achkobe or Jay.
The court heard that the suspects abducted the victim in the Bamburi Jitegemee area of Kisauni. They have denied the charges.
BJK, a blogger primarily focused on critiquing Mombasa County politics, was allegedly abducted after he posted a video clip on his TikTok account in September, in which he criticised Mombasa Governor Abdulswamad Nassir.
The clip went viral, and the content was deemed grievous based on the comments that followed.
“This is suspected to be the reason for the abduction and subsequent gang rape that the victim endured,” said Ms Karuga.
On the day of his abduction, September 12, the blogger was at his residence when a gang entered his house.
Apologise
Investigators claim that the gang, whom BJK was able to identify, convinced him they were taking him to a hotel in Mombasa so that he could apologise to Mr Nassir regarding the video he had posted on TikTok, which was considered offensive to the governor.
While en route, he was sandwiched between a rider and another pillion passenger, escorted by about six other motorcycles with pillion passengers.
Upon arriving at the hotel, he was informed that the governor had gone to a neighbouring hotel for a gym session.
They decided to proceed in that direction, but suddenly made a U-turn and stopped near a dark grey Nissan Note, where he was forced to enter the vehicle and was sandwiched in the back seat.
The police stated that the victim was driven to an unknown area, where investigations have revealed to be a construction site for a project led by the County Government of Mombasa through the Ministry of Tourism and Trade.
“Upon arriving at the construction site, he was assaulted and subjected to gang rape. While manhandling the victim, the gang recorded videos to use as a tool for victimisation, preventing the complainant from filing a report regarding the incident,” the officer said.
The victim was then covered with a sack and taken back to the same vehicle after the gang realised that people were drawn to the complainant's cries during the immoral act.
The blogger was subsequently dumped in a house under construction and left to fight for his life.
Mr Mohamed has been detained at Shimo La Tewa Remand Prison. The court will decide on his bond application on November 15.
