Senior Magistrate Kipkurui kibelion has allowed detectives from Bomet police station to detain for four days a man who warned of an impending terror attack by the al-Shabaab to his Facebook account.
Timothy Koech alias Jospat Joech had claimed that the militia was planning to raid Rift valley Institute of Science and Technology (RVIST) in Nakuru county.
Koech will remain in the police cells to allow the detective finalise their probe on the matter.
The prosecutor Derrik wawire had sought to have the suspect detained for eight days at the Bomet police station pending a conclusion of the investigations.
Wawire argued that he had received information from investigating officers that they needed to subject his phone for forensic analysis in Nairobi.
He further stated that the suspect might have conspired with others yet to be arrested in committing the crime and if released was likely to interfere with investigations since “the matter is of public interest”.
Lawyer Desmond Leteipa who represented the accused, however, objected the request by the prosecution saying detaining him is contravention of his rights.
Leteipa said police were in possession of the phone said to have used by the suspect to commit the crime hence, “there was no way he would interfere with the investigation process.”
He asked the court to grant the suspect reasonable bond terms.
In respect to this, the prosecution noted that while the suspect was entitled to bail, the crime for which he was arrested was serious and was likely to be escalated to the antiterrorism police for further probe.
The suspect was arrested on Sunday at Chepngaina area in Bomet central pending interrogation over offences of hoaxes contrary to Section 26 and Section 30 of Prevention of Terrorism Act.
Section 26 states that, “A person who issues any information that a terrorist act has been or is likely to be committed, knowing that the information is false, commits an offence and is liable, on conviction, to imprisonment for a term twenty years.”
And section 30 states, “A person who knowingly possesses an article or any information held on behalf of a person for the use in instigating the commission of, preparing to commit or committing a terrorist act commits an offence, and is liable, on conviction, to imprisonment for a term not exceeding twenty years.