NAIROBI, Kenya, Mar 13- The Anti-Terrorism Police Unit (ATPU) has been ordered to decide the fate of senate staff arrested over allegations of planning to aid a terror attack in Parliament buildings within two days.
Resident Magistrate Edda Agade issuing the orders said as much as police wanted to protect Kenyans from terror attacks, the suspect rights should not be infringed.
The court however pointed out that police had applied to hold the said staff for 10 days which has since expired.
Intelligence report had linked the Senate staff of planning to help the Al-Qaeda linked Al-Shabaab militia by planting a bomb within Parliament Building.
READ: Senate employee arrested over terror links
The suspect’s lawyer Mbugua Mureithi told the court that police have not filed any progress report over the investigations they have so far carried out.
The lawyer questioned the role the police have played so far to prove their case against the suspects, saying even the affidavit presented in court does not disclose the facts about his client.
He dismissed the allegation that the suspect was arrested at Pangani area in Nairobi, saying his client presented himself to the police after he was summoned.
The prosecution led by Duncan Odimu told the court that police are still looking at the telephone data and communication carried out by the suspect before deciding whether to charge him or not.
Mureithi argued that police had sneaked in an application in the suspects’ absence and the magistrate went ahead to issue orders.
“Section 33 of the Prevention of Terrorism Act states that a police officer who detains a suspect must produce the subject before a court and apply in writing for the extension of time for holding the suspect in custody,” he argued.
An affidavit presented before the magistrate stated that intelligence reports had linked the suspect, an employee of Parliament, to questionable activities.
“A mobile phone belonging to the suspect is under analysis for any incriminating evidence,” police corporal Jackson Chacha states in the affidavit.
The suspect is being detained at the Kileleshwa police station.
“He is considered dangerous to the security of this country bearing in mind the mayhem terrorism has caused before,” the affidavit read.
It is not the first time the suspect has been linked to terrorism. In 2011 he was investigated and cleared according to his lawyer.