Supreme Court overturns decision to free two Iranians convicted of terrorism
The Supreme Court has overturned a Court of Appeal decision to free two Iranians convicted of terrorism charges in 2012.
Ahmad Mohammed and Sayeed Mousavi will now serve 10 more years in jail, the remainder of the 15-years they had been sentenced to.
“We find that the appeal has merit and allow it…We find that the Court of Appeal erred when they ruled that any admissions made in the course of any investigations is inadmissible in evidence and that the conviction was made on circumstantial evidence,” they said.
The Director of Public Prosecutions (DPP) had filed an appeal challenging the acquittal of the two Iranians and on Friday, the Supreme Court judges found that the evidence presented against the duo was strong.
The two were arrested 2012 after they were found to be in possession of an RDX; a lethal explosive.
They had come into the country as tourists when they were accused of planning a terror attack. Shortly after, a Nairobi court slapped them with life imprisonment.
The sentence was later reduced to 15 years after they appealed their sentences at the High Court, a decision that was later quashed by three judges at the Court of Appeal.
The two have however been in police custody after the Director of Public Prosecutions (DPP) requested the court to hold the ruling until a decision on their fate is made.
Kenyan authorities suspect that the two are part of Quds Force, highly trained Iranian Revolutionary Guard that carries out unconventional warfare and intelligence activities and responsible for extraterritorial operations like terror attacks.
DIPLOMAT AT IRANIAN EMBASSY ‘TRIED TO SECURE THEIR RELEASE’
Meanwhile, police are detaining a prison warder identified as Wesley Kiptanui Kipkemoi and Shemgrant Agyei – a Ghanaian national for allegedly plotting to facilitate the escape of the two while in detention at the Kamiti Maximum Prison.
A Kenyan Advocate Robin Bundi Nyangaresi was also arraigned before Principal Magistrate Peter Ooko on Tuesday but was however, released on a bond of Ksh.200,000 or Ksh.100,000 cash bail.
According to the Prosecution, the three suspects with the help of a senior diplomat at the Iranian Embassy were to unlawfully secure the release of two Iranians pending a ruling by the Supreme Court on their release.
He alleged that preliminary investigations showed that the three suspects met on diverse dates with the senior diplomat and the main purpose of the discussion was on how to aid their escape.
The court heard that DPP has on several occasions received intelligence in relation to the planned escape of the two Iranian nationals.
The court further heard that on February 10, in a bid to facilitate the planned escape of the two Iranians, a senior diplomat at the Iranian embassy booked a flight with Qatar Airways and there is need to obtain CCTV footage of the airline offices.
Perusal of the air-ticket showed that the two nationals and the said senior diplomat at the Iranian embassy were scheduled to leave on the same flight on February 11, 2019.
During on-going investigations, several electronic gadgets have been recovered and have been submitted for forensic examination.
Prosecution further informed the court that the investigations are complex and require additional time and it involves a number of agencies and the Ministry of Foreign Affairs.
The matter will be mentioned on March 11 for further direction.
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