July 11 Kenyan terror suspect walks to freedom as trial starts

KAMPALA

Kenyan human rights activist Al-Amin Kimathi yesterday walked to freedom, ending a year-long diplomatic row after the state dropped charges against him and four others.

Trial judge Alphonse Owiny-Dolo discharged the pentad, who were among 19 suspects charged with various counts of terrorism and murder following the July 11 soccer World Cup bombings in Kampala.

Senior State Attorney Joan Kagezi yesterday submitted an amended copy of the indictment, saying the Directorate of Public Prosecutions (DPP) had withdrawn charges against Mr Kimathi, Dr Ismail Kalule, Kayigwa Walusimbi, Khalif Muhamed and Muhamed Abdow. “In the view of the DPP, you the five persons are discharged. You are free unless the state has any other offence against you. Go, you are free from court,” Justice Owiny-Dolo said.

Fourteen suspects were yesterday charged with 92 counts of terrorism and murder in connection with last year’s Kampala bomb attacks that claimed at least 76 lives and left scores injured.

Extradited suspects overruled
The group, part of the 19 who were committed to High Court for trial, appeared before the International Crimes Division of the High Court for plea. Twelve denied the charges. The judge, however, overruled an application by counsel Caleb Alaka that sought to object to the charge of terrorism against his clients Muhamed Ali Muhamed and Suleiman Hijar Nyamandondo, who were extradited to Uganda and charged with murder and attempted murder.

The suspects appeared after more than a year on remand at Luzira Maximum Security Prison since the incident that targeted soccer fans watching a World Cup final match at Kyadondo Rugby Club in Lugogo and Ethiopian Village in Kabalagala, both Kampala suburbs.

The suspects were yesterday appearing for plea bargain over charges of terrorism, murder and attempted murder, conspiracy to commit acts of terrorism and being an accessory after the fact.

Justice Dolo adjourned the case to today for further plea-taking of the remaining 22 counts of 92 levelled against the suspects, who denied yesterday’s charges. After the attacks in July 2010, security agencies arrested some 38 people, 17 of whom were released on November 30, 2010, after the DPP dropped the charges against them.

Three of the 17 were, however, re-arrested and taken back to police from where two–Christopher Baturaine (Ugandan) and Muhammad Ali (Somali)--were charged and convicted of immigration offences and fined, while the fate of the third suspect remains unclear.

Evidence state will adduce
Prosecution alleges that the group and others still at large in Kampala with intent to influence government or intimidate the public and for a political, religious, social or economic aim without due regard to safety of others or property, intentionally and unlawfully delivered and discharged explosives with intent to cause death and serious injuries.

Court documents indicate that the state will tender in court and rely on exhibits, including medical examination reports, an improvised explosive device, photographs, mobile telephones recovered from the accused persons and their purchasing receipts, among other forensic reports, as well as extra judicial statements by some accused persons.