Mohamed Abdi, Liban Omar, Adan Dheq and Hussein Hassan were to appear before Ochenja on Friday for new hearing dates following the adjournment of their hearing last month due to injuries they sustained in a fight with their warders.
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While setting the new mention date of October 8 Acting Chief Magistrate Doreen Mulekyo explained that Ochenja had been called away on, “urgent personal business.”
Also before Mulekyo on Friday was a Yemeni arrested last month on suspicion of planning a terrorist act.
The Yemeni identified as Ebrahim Saeed Ahmed in court records however failed to take a plea following an application by the prosecution for more time for the investigating officers to conclude their probe.
An application his defence challenged on the grounds that he had already been in custody for over a week and had the right to due process.
But Mulekyo overruled the objection explaining that the charges facing Ahmed were of an extra-ordinary nature.
“Under the Prevention of Terrorism Act he can be held indefinitely,” she said.
She then ordered that Ahmed reappear before her on Tuesday and remain in police custody until then given the spate of terror attacks in the recent past and the precautions they’ve occasioned.
According to his charge sheet, Ahmed was arrested at the Madogo trading centre in Tana River on September 24.
And in his possession was found a mobile phone with photographs police believe indicate he was planning a terror attack.