A magistrate's court sitting in Siaya town has found a man guilty of three counts of terror charges.
Senior Principal Magistrate Lester Simiyu found George Oluoch Awiti, alias Abdul Bnajib Mohamed, guilty and subsequently sentenced him to 20 years in prison.
Awiti will spend the two decades in prison for his involvement in terrorism activities contrary to the Prevention of Terrorism Act, 2012.
Awiti was charged for being a member of terrorist groups, namely; the Somalia based Al-Shabaab, Islamic State of Iraq and Syria (ISIS).
He also faced the charge of collection of information contrary to Section 29 of the Prevention of Terrorism Act 2012.
He was found in possession of a mobile phone which he used to collect terrorism related information.
The final charge against against Awiti was that he was in possession of articles connected with the commission of terrorism contrary to Section 30 of the Prevention of Terrorism Act 2012.
Sleuths from the Anti-Terrorism Police Unit had earlier arrested Awiti in his residence at Hawinga, Siaya.
During the arrest, several materials such as Identity Cards and mobile phones were confiscated and taken to the DCI headquarters for analysis.
He was remanded at Kodiaga Maximum Prison in Kisumu County as the case proceedings went on in Siaya.
The prosecutors Ms Nina Opiyo and Mr Evans Soita presented pieces of evidence including testimonies from three key witnesses and forensic analysis of Awiti's mobile phone, SIM card, and a compact disk containing extremist material.
The evidence included audios and videos that portrayed figures such as the late Aboud Rogo and Osama Bin Laden as martyrs, encouraged jihad in Somalia, and incited disobedience against the Kenyan government.
"In my view, the sum total of the contents of the videos which he (Awiti) admitted were on his phone, fell squarely within the definition of Section 30 of the Prevention of Terrorism Act 2012. Both possession and intended use were proved. In my view, therefore, I return the verdict of guilty as charged on Count Three," said Principal Magistrate Simiyu in her judgement.
She elucidated that receipt and storage of such videos and information by a person, if not explained, "leads to only one view that the same were so collected and stored for commission, instigation and promotion of terrorist activities".
The extremist materials also promised rewards for those engaging in jihad, 'a holy war' as defined in the context of extremist Muslims, and urged patience among prisoners.
“The content of all eight videos which called or encouraged others to join Al-Shabaab, kill non-Muslims, kill Sheikhs who do not ascribe to Jihad, inciting young Muslims not to fear death or prison, extremist teachings that imprisonment and death is a portion for jihadists and promise of houses in heaven and virgins is a commission of terrorism,” read the judgement.
The principal magistrate found Awiti guilty on all the three counts sentenced him to 10 years for membership in a terrorist group, 10 years for Collection of information intended for the commission of terrorism and 10 years for Possession of related articles.
The sentences for Counts Two and Three will run concurrently, resulting in a total of 20 years imprisonment.
The judgment that was delivered on July 25, comes barely a year after Siaya hit the limelight as a sprawling hub of terror related organisations.
In November last year, two police officers were attacked by suspected members of the outlawed Al-Shabaab; the two were escorting exams to Mahero Secondary school in Alego Usonga Sub-County when they were ambushed and attacked.
The aftermath was one police officer killed and a rifle belonging to the deceased officer stolen, the other officer sustained serious injuries.
Two days after the Mahero incident, two suspects were killed, three arrested and the gun that was stolen recovered.
