NAIROBI, Kenya Oct 22 – Nairobi Chief Magistrate Francis Andayi has postponed the sentencing of two convicted persons found to have participated in the attack of Westgate Mall in 2013, to allow the probation officer complete and file the victims’ report.
The sentencing of Ahmed Abdil and Hassan Mustafa, had been scheduled for Thursday after the trial court found them guilty earlier this month.
The prosecution through Edwin Okello, told the court that only nine victims had recorded their statement and that the probation officer required seven days to complete the recording of the remaining statements.
The application to adjourn the sentencing was not opposed by the defense lawyers, Chacha Mwita and Mbugua Muerithi.
“t’s the probation report that will guide the court to determine the nature of sentence to be imposed upon the two accused persons,” the lawyers said.
However, the court was informed that the third accused person Liban Omar who was acquitted by the court was abducted by security agencies and his whereabouts remains unknown.
Okello told the court that the matter was being investigated by the police.
The Magistrate urged the defense counsels to report the matter to the Kenya Human Rights Commission for further investigations.