NAIROBI November 25- A senior officer with Kenya’s Anti Terrorism Police Unit has been summoned to appear in court to testify in a case in which a suspect who was arrested on alleged suspicion of having terrorist links is missing.,
High Court Justice Jackton Ojwang on Tuesday ordered Chief Inspector Sospeter Makori to appear in court on February 2, next year to respond to queries on the disappearance of Bejnaf Swaleh Mahdi Khamis, who was arrested for allegedly harbouring terrorist Fazul Abdullah Mohammed.
Khamis’ family had moved to court last month seeking explanations over his disappearance since his arrest three months ago.
“I have not seen him since he left home in Malindi on Sunday August 3,” his mother Khadija Swaleh Ahmed says in an affidavit filed in court.
Through lawyer Mureithi Mbugua, Mrs Ahmed claims her son was arrested and his identity documents confiscated by police and his whereabouts remain a mystery.
“Later in the course of the same day, August 3, 2008 a squad of police officers who identified themselves to me as officers from the Anti Terrorism Police Unit visited my home, ransacked it and carried away the subject’s (Khamis) identity card, passport and certificate of birth,” Mrs Ahmed continues and adds that her ID was also seized.
She maintains that her son was incapable of sheltering the terror suspect because he (Khamis) lived in the family house and was dependent on her for survival.
Poor and unemployed
“I believe that the subject is incapable of sheltering the said Fazul Abdullah Mohammed, since he has no home of his own and resides with me at our family home. The subject is also a simple poor and unemployed person whose only qualification and means of livelihood is that of a truck driver,” she said.
In the present case, she is seeking court orders to compel the Police Commissioner Major General Hussein Ali to appear in court and produce a warrant of arrest issued against her son or produce Khamis in court.
She also wants to have him released on bail pending the hearing and determination of the case.
Mrs Ahmed also claimed to have been arrested by police alongside other members of her family and interrogated before she was released.
According to court documents, police are alleged to have threatened to execute the suspect in the event that Mrs Ahmed, the suspect’s brother and another relative failed to cooperate.
She added that the police refused to acknowledge where they were holding Khamis who is believed to have been held at different police stations in Mombasa.
She expressed worry that the police were subjecting her son to untold mental and physical torture or may have secretly executed him.
Fazul Abdullah Mohammed is wanted over the 1998 terrorist attack on US embassy in Nairobi in which 214 people died.