, NAIROBI, Kenya, July 31 – Four suspects charged in November last year in connection with the September 21, 2013 Westgate attack have had the charges against them amended.
Prosecuting Attorney Mungai Warui on Thursday applied to Chief Magistrate Daniel Ochenja to have the additional charge of conspiracy to commit a terrorist attack preferred against all four of them.
He told Capital FM News that they wanted the charges amended in order “to prefer charges we can easily prove.”
The first accused Mohamed Abdi also had three additional charges preferred against him namely: being a member of a terrorist group that holds information for the use in the commission of a terrorism act and two counts of being in possession of an article connected with a terrorism offence.
“On September 30, 2013 in Kitale Town you were found being in possession of a laptop containing a video namely ‘Training series in Swahili AK-47’ which can be used for the instigation, preparation and facilitation of terrorism acts,” the amended charge sheet reads.
The second accused Liban Omar had the additional charge of making a false statement preferred against him for lying to an officer on the origins of a mobile phone found in his possession.
“On October 15 at the Anti-terrorism police unit headquarters with intent to mislead Chief Inspector Charles Ogeto you made a statement that a Nokia 305 was given to you by your brother on September 24, 2013 knowing the same to be false,” the particulars of the additional charge preferred against him read.
All of them, including the third and fourth accused Adan Dheq and Hussein Hassan pleaded not true to the additional charges preferred against them as they did the initial counts they were charged with.
The initial counts were commission of a terrorist act in which 61 were killed, giving support to a terrorist group, with Dheq being additionally individually charged with harbouring persons committing terrorist acts, obtaining registration by false pretences and being unlawfully present in Kenya.
The terror suspects have been in detention since they were apprehended between September and October 2013, having been denied bail.
So far 35 prosecution witnesses have testified in the case against them with their trial scheduled to resume on August 5.