An Ethiopian alleged to be an accomplice of a terror suspect gunned down at Deputy President William Ruto’s residence last July has been charged with being a member of Al-Shabaab.
Mr Ali Elema Wario was also sentenced to serve one month in jail for being in Kenya illegally on Thursday.
Mr Wario pleaded guilty to the charge of breaching Kenya’s immigrations rules by residing at the border town of Moyale in Marsabit County without a valid visa.
He admitted the charge when he was presented before Milimani Senior Principal Magistrate Kennedy Cheruiyot.
However, the foreigner denied the charge of being a member of Al-Shabaab by being an accomplice of Mohammed Ibrahim Mohammud, who was killed at the residence of Mr Ruto at Sugoi in Uasin Gishu on July 29, 2017.
State prosecutor Everlyn Maika told the magistrate that the accused used to communicate with the slain terror suspect at the rural home of the deputy president using a cell phone.
“Police from the anti-terrorism police unit (ATPU) have discovered through investigations that the accused is still communicating with members of the Al-Shabaab terrorist group,” Ms Maika stated while opposing the releaase of the accused on bond.
The prosecutor said the accused would disappear without trace if freed since the offence facing him attracts a harsh custodial sentence of 30 years imprisonment.
Ms Maika, further said the convict had admitted that he is a citizen of a neighbouring country and that he has not fixed abode in Kenya.
“I urge this court to find that the state has advanced compelling reasons to deny the accused bond,” Ms Maika submitted.
While urging the magistrate to release the accused on bond defence lawyer David Ayuma disclosed that Director of Public Prosecutions Keriako Tobiko had charged Mr Wario with the same offence in Moyale then terminated the case for lack of evidence.
Mr Ayuma stated that Section 49 of the Constitution allows all suspects to be admitted to bond regardless of their nationality.
He urged the court to exercise its discretion and release the suspect on bond as he is still presumed innocent until proven otherwise.
Mr Cheruiyot will determine on Friday whether to release the accused on bond or not.
The magistrate also ordered that Mr Wario be repatriated back to Ethiopia after serving the one-month sentence.