ETHIOPIAN SUSPECTED OF PLANNING TO BUY MORE GUNS WITHIN THE SPRAWLING SLUM OF MATHARE NAIROBI FOUND NOT GUILTY.

The Accused Ethiopian Sisay Mengistu at Milimani lower criminal Court Nairobi County Kenya. PHOTO /CHRIS OJOW

ETHIOPIAN SUSPECTED OF PLANNING TO BUY MORE GUNS WITHIN THE SPRAWLING SLUM OF MATHARE NAIROBI FOUND NOT GUILTY.

By Chris Ojow

While delivering a lengthy ruling on Thursday

15th October the year 2020 at 13.24 pm East

Africa Time at Milimani lower criminal Court,

Nairobi’s Senior Principal Magistrate Zainab

Abdul found the accused not guilty in count one

but in count two the accused was found to have

a case to answer.

An Ethiopian youthful Citizen Sisay Tibebu

Mengistu who was arrested on 05th August the

year 2019 and was charged on 06th same

month and year with two counts, offering to

provide a weapon contrary to section 11 (c) of

the prevention of Terrorism Act 2012 and

Residing outside the designated area without

permission from the authority, contrary to

section 25 (1) of the Refugee Act of January

2006, informed the trial court through his

Officer of the Court David Ayuo that he intends

to call two witnesses during his defence trial on

a case to answer in the second count.

The accused Ethiopian Sisay Mengistu who

was denied bond and remanded at the Country

Kamiti Maximum Remand Prison during the

full hearing of the his case where a total of

eight witnesses testified, was accused by the

witnesses that he approached them by sending

to them through WhatsApp means of

communication photos of acache of arms,

pleading with them to help him locate where he

can buy more guns within the Sprawling slum

of Mathare Nairobi County Kenya.

Where the said witnesses were shocked upon

hearing the requested risky order and decided

to alert the law enforcement units leading to

the arrest of the accused, but during the trial in

her lengthy ruling, Senior Principal Magistrate

Zainab Abdul found the accused not guilty in

the offence of planning to buy acache of arms

after the State Prosecution failed to prove their

case against the accused, the Court was also

informed during the trial by the witness, Officer

attached at Forensics that it is not a crime for

anyone in Kenya to store photos of weapons in

their mobile phones.

But in the second Count the Senior Principal

Magistrate Zainab Abdul found the accused

Ethiopian National, Sisay Mengistu guilty of

Residing outside the designated area, where by

his details were taken and upon search within

the KaKuma Refugee particulars, the accused

was found to be a member of the Largest

Refugee camp KaKuma and with the

permission to hold a movement permit but he

failed to renew his permitted free movement

permit, opting to reside at Nairobi Eastleigh

Estate Nairobi County and illegally engaged

himself without working permit in the business

of selling miraa.

The accused will appear before the trial Court in

fortynight for his defence trial at Nairobi

Milimani Law Court .

It is alleged that in early August the year 2019

the accused Sisay Mengistu knowingly offered

to provide a weapon in contravention of the said

Terrorism Act .

And on 05th day the month of August year 2019

at Nairobi Eastleigh Estate section one, as a

Refugee the accused Mengistu was found to be

Residing outside the designated area namely

KaKuma Refugee Camp without permission

from the authority.

The State Prosecution has a period of fourteen

days to appeal against the ruling of the trial

Court pending the defence hearing.

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