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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