The Anti-Terrorism Police Unit (ATPU) is currently probing two individuals associated with al-Shabaab militants who took part in the deadly attack of the DusitD2 Complex in Nairobi in 2019.
Ali Mohamud Mohamed and Ahmed Ali are presently helping the authorities in the investigation after the ATPU traced a mobile phone to the scene where a group of militants attacked the General Service Unit (GSU) Hamey camp in Garissa on December 19.
This comes as the detectives have disclosed that the militants are actively working with their sympathisers to establish a jihadist camp at the Coast.
Court documents presented before Mombasa and Shanzu courts have revealed how a mobile phone, recovered from the scene in Garissa where the militants attacked the camp, led to the apprehension of the two.
Mr Abdullahi Hussein, attached to the ATPU Mombasa, disclosed that after the attack, which was repelled by the GSU, a mobile phone used by the militants was recovered at the battle ground
“Upon exploitation of the recovered mobile phone, a mobile phone number belonging to one Mr Ali was retrieved,” the officer informed Mombasa Senior Resident Magistrate Gladys Ollimo.
As a result, Ali was arrested and brought before Shanzu court for investigation on terror links. Subsequently, Ali’s employer, Mohamed, was apprehended and presented before Mombasa court.
Investigators told the court that the retrieved mobile number was actively used to communicate with the militants, although the content of the conversation was not disclosed to the court.
In an affidavit requesting 20 days of custodial orders, the prosecutor believes that the respondent used the line to communicate on multiple occasions.
The court was also told that the first respondent was in frequent communication with the terror suspects responsible for the DusitD2 Mall attack in Nairobi, who are still at large.
“Intelligence indicate that the respondent is involved in financial facilitation of the Jihadist group al-Shabaab in Somalia and Kenya,” said the investigator.
The DusitD2 complex terror attack occurred on January 15, 2019. At least five armed militants stormed the building, resulting in at least 21 deaths and numerous injuries.
The terrorists entered the complex at 2:30 pm, using a Toyota Ractis with the registration number KCN 340E.
The state now claims that the respondent in this case was in continuous communication with these militants.
“Further intelligence report indicates that the respondent has accomplices within Kenya and Somalia who are believed to have conspired to commit terrorist acts and are still at large,” said Mr Hussein.
The detective stated that the investigations will include Mohamed’s bank, M-pesa, and any other financial accounts in the suspect’s possession to determine the flow of funds.
He also mentioned that the suspect's mobile phone will be sent to Nairobi for forensic analysis to determine his communication patterns and contacts.
Court documents show the officer is investigating a case of Collection or provision of property or services for commission of terrorist acts, contrary to Section 5 of Prevention of Terrorism Act 2012, (Pota).
The respondent is also being investigated for conspiracy to commit a terrorist act contrary to section 23 of Pota, and being a member of a terrorist group contrary to Section 24 of Pota, 2012.
Mohamed was arrested on December 21, at ATPU Mombasa station and detained.
“There is intelligence that the respondent has been in contact communication with the Al-Shabaab leadership to establish a Jihadist camp in the coast region to facilitate attacks in Nairobi and Mombasa,” said the officer.
Mohamed opposed being held for 20 days, arguing that there were no compelling reasons to justify his continued detention.
Through his advocate Chacha Mwita, the suspect informed the court that he has been cooperating with the police and that his place of residence is well known.
"The respondent is a father of seven children, his residence is well known. There is no evidence to suggest that he will interfere with the investigations. The investigating officer has even confirmed that the probe can be completed even if the respondent is out on bond,” said Mr Mwita
The lawyer dismissed the police's accusations, cautioning that the investigating officer was only relying on intelligence reports without providing concrete evidence to support them.
"Using the term 'terrorism' without any factual evidence to support it should be avoided," Mr Mwita stated.
Ms Ollimo has however rejected the police's request for a 20-day custody order, arguing that there were no compelling reasons for the court to grant the application.
The magistrate pointed out that the only reason presented by the police was that Mohamed is the employer of Mr Ali, whose mobile phone number was found on the phone recovered at the scene of the GSU attacks in Garissa.
The court also noted that it was merely alleged that there is an intelligence report stating that Mohamed has been using his employee's mobile phone to communicate with Jihadists and Al-Shabaab militants.
“It is of interest to note that there is no evidence tendered before the court to show there have been attempts on the part of the respondent to interfere with investigation of his employee. There is no evidence that the respondent has concealed information regarding the said employee,” said the magistrate
The magistrate also observed that the police did not show how the respondent was going to obstruct the investigation and that the investigating officer only relied on the phrase "intelligence report" without concrete evidence.
Ms Ollimo granted the Mohamed a Sh2 million bond and instructed him to surrender his passport to the court. He is also required to report to the police daily until the investigations are complete. The case will be mentioned on January 11.
