A man accused of harbouring slain East Africa Al-Qaeda leader Fazul Abdullah was Thursday acquitted of two terrorism charges.
Mombasa Senior Principal Magistrate Francis Kyambia acquitted Ibrahim Mafudh Ashur of the first count in which he was accused of being found in possession of articles to be used to commit Al-Shabaab activities.
In his judgment, Mr Kyambia said the prosecution did not prove how the accused would have used the extremists preaching of the late Sheikh Aboud Rogo to commit serious crime associated to Al-Shabaab.
“The prosecution did not demonstrate to the court how the accused person would use the contents of that CD to commit the alleged heinous crime,” he stated.
The magistrate further ruled that the prosecution ought to have convinced the court that the preaching would have been used to instigate an act of terrorism.
The magistrate further dismissed a second count in which Mr Ashur was charged with being in possession of a property for commission of terrorist acts.
He ruled that the prosecution also failed to proof to the court how an external hard drive allegedly found with the accused was intended to facilitate criminal activities of the terror group.
“It is upon the prosecution to show that the external hard drive was intended or knowingly used whether directly or indirectly for the commission of or facilitating a crime involving organised criminal groups namely Al-Shabaab,” stated Mr Kyambia.
The magistrate further stated that he was absolutely not convinced with all prosecution witnesses that the accused person committed the two offences.
“I am not convinced that the prosecution has proven the charges beyond any reasonable doubt as required and accused is hereby acquitted under section 215 of Criminal Procedure Code and his hereby set at liberty unless otherwise lawfully held,” the magistrate ruled.
Mr Ashur had a pending case of allegedly harbouring the late Fuzul Abdullah linked to the 1998 US embassy bombing in Nairobi. He is charged alongside his father Mahfudh Ashur Hemed.
They allegedly hosted the fugitive on unknown dates between December 2007 and August 2, 2008.