Monday, 3 September 2012

MAKABURI DECIDES TO SURRENDER TO THE POLICE

By EMMANUEL BOAZ Mr Said Abubakar Shariff Ahmed alias Makaburi Ahmed yesterday denied charges of violence and disobedience of the law. The prosecutor Mr Peter Munguti read the charges as on the 27th of august at Masjid Musa Mosque in Majengo Area of Mombasa County within lawful excuse uttered words that all Sheikhs associated to the government agent to be slaughtered, all churches within the region should be burnt down and any Police Officer on sight should be killed which words indicated to bring death or physical injury to any person or any person or to any class, community or body of person or destruction of properties. Warrant of arrest of Mr Said Abubakar Shariff Ahmed alias Makaburi was today lifted by the chief magistrate Mr Elvis Micheka as applied by his lawyer Mr Mbugua Mureithi. A debate was also raised between the prosecutor and Mr Ahmeds` lawyer about following the legal court procedure. The prosecutor also said that Mr Ahmed was to help the police in the pending investigation. “We have the process which is followed before the accused is brought to court. We need at least two full working days to complete these investigations. I apply this case to be mentioned in this case on the 6th and the accused person to be remanded in police custody,” the prosecutor said “On the 30th of august when the case was filed against Mr Ahmed, no allegations were made by the prosecution that the accused was at large or a fugitive of the law. All that the prosecutor said was application of warrant of arrest. The accused has clearly demonstrated that he is not fugitive of the law he has brought himself to court despite not having being served formally the requirement to come to court,” Mr Mureithi said. “He is not to be subjected to detention orders because the constitution under article 49 clauses 1 (h) says such a person when he appears before the court has a right to be freed on bond. I urge a bail to be granted and direct that he report to the OC flying squad Makupa to be subjected to the formal process as soon as the bail is granted,” Mr Mureithi added. Application to the release the accused on bail was rejected by the magistrate. Mr Salim was however remanded at central police station awaiting hearing of his case on the 5th of September.

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