NAIROBI, Kenya, Mar 27 – Muslim cleric Abubakar Shariff alias ‘Makaburi’ has been awarded Sh670,000 in damages by a Mombasa court for the violation of his rights by the police when they raided his house in 2011.
Makaburi who is facing several terror charges in different courts in Mombasa and Nairobi was also awarded special damages.
High Court judge Maureen Odero said that the police who conducted the search in Makaburi’s house contravened Section 21, of the Criminal Procedure Code.
“It was illogical, unreasonable and unjustified for the police who conducted the search to seize items which were not covered in the search warrant,” she stated.
Makaburi had moved to court to challenge the police search at his home in 2011 with no justifiable cause, terming it as incompetent and an abuse of the law.
Police had seized electronic equipment, phones and computer items, which Makaburi termed unlawful.
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Makaburi told the court that the search warrant issued by Chief Magistrate Stephen Riechi was fatally defective and invalid since it did not specify items to be seized and the police in charge of the search.
He had sued the Attorney General and Director of Public Prosecutions for the violation of his constitutional rights after police officers stormed his house in Saba Saba.
Makaburi was arrested after a grenade attack on a Kampala-bound bus in Nairobi in 2010 and the government never presented any evidence it had against him.
He is also facing three charges of incitement in connection with the chaos that followed the murder of Sheikh Aboud Rogo last year.
Several churches were burned and police officers attacked during the riots.