BY SAM ALFAN.
High Court has directed two Iranians set free by the court of Appeal to be produced before supreme court registrar.
Justice Luna Kimaru directed the two to appear before the supreme court at 9:00 a.m.
“The court directs the applicants to be presented before the Deputy Registrar of the Supreme Court so that further directions may be issued in regard to the custody or otherwise of the applicants pending further orders of the supreme court. The applicants shall be presented before the said Deputy Registrar on 22 February 2018 at 9.00 a.m it is so ordered”. Ruled Justice Kimaru.
The Director of Public Prosecution moved to the Supreme Court seeking to quash a decision that set free two Iranians who were jailed by high court over terror-related charges.
Supreme court Justice J.B Ojwang directed that Ahamad Abolfathi Mohammed, and Sayed Mansour Mousavi remain within the jurisdiction of the supreme court.
“The applicant will be contesting the release by the appellate court, of the two who were facing charges bearing claims of serious threat to the security of citizens –notable the charge under the Explosives Act,” rule justice Ojwang.
The court further certified the matter as urgent.
The DPP in its appeal say that it is dissatisfied with the judgment issued by the court of appeal adding that it erred in law by quashing the sentence and setting the two free.
The Two Iranians were jailed for 15 years in 2013 over terror-related charges The High Court found Ahamad Abolfathi Mohammed, and Sayed Mansour Mousavi, guilty of concealing 15 kilograms of bomb-making material in the country.
But moved to the court of appeal through their lawyer Ahmednassir Abdullahi where they secured their freedom after the Court of Appeal ruled that there was no sufficient evidence to link them to the bomb-making material recovered in 2012.
Appellate Judges Kihara Kariuki, Kathurima M’inoti and Agnes Murgor held that the circumstantial evidence relied on by both the High Court, and Magistrate Court, was so weak that it did not point to them as the only persons who could have placed the bomb-making material, RDX, at the Mombasa Golf Course where it was found.
The matter is fixed for hearing on Friday at Supreme Court.