A medical doctor convicted to serve a 12-year jail term on terrorism-related charges will remain in prison after his expected date of release after authorities were stopped by the High Court from releasing him.
Justice Lillian Mutende ordered the Kenya Prison Services (KPS) not to release Dr Mohamed Abdi Ali on April 29, 2024, when he was scheduled to leave Kamiti Maximum Prison after completing the jail term.
Dr Ali was jailed on April 22, 2024, and the judge was told “he was to serve eight days since his 12-year term commenced when he was arrested on April 29, 2016”.
But then, the Director of Public Prosecutions (DPP) Renson Ingonga has moved to bar his release.
In her brief ruling, Justice Mutende temporarily stopped KPS from commutating the jail term of Dr Ali pending the determination of a case filed by the DPP.
The DPP through Senior Prosecution Counsel Duncan Ondimu challenged the sentence imposed on Dr Ali saying “it was wrongly entered by Chief Magistrate Martha Mutuku”.”
On April 22, 2024, Ms Mutuku jailed the former Makueni Level 4 Hospital medic for being a member of the ISIS terrorist group and plotting to use anthrax bacterium to cause mass deaths in the country.
Urging Justice Mutende to grant the orders sought by the DPP, Mr Ondimu said the prosecution challenged the judgment and acquittal of Dr Ali alias Abu Fidaa alias Abu Shuhadaa alias Abu Ramzi in three counts.
“Having perused the evidence presented by Ondimu I find that the DPP has an arguable case. I hereby grant a temporary order stopping the release of the serving prisoner from Kamiti Maximum Prison pending hearing and determination of the case by the prosecution,” ruled Justice Mutende.
The judge had been informed by Ingonga that the convict was to exit Kamiti on April 29, 2024, once KPS commuted the 12-year sentence.
Ms Mutuku had directed that Dr Ali’s sentence would run from April 29, 2016, when he was arrested.
In the case filed under a certificate of urgency by Ondimu, the DPP says the sentence imposed on Dr Ali by Ms Mutuku, “was wrong and not a proper sentence.”
Urged the DPP: “An order of stay of the release of the Respondent-Mohamed Abdi Ali alias Abu Fidaa alias Abu Shuhadaa alias Abu Ramzi from custody be granted pending the hearing and determination of the instant application and subsequent appeal.”
The DPP is pressing for orders to bar the prison authorities from granting the remission of the prison term imposed on Dr Ali pending the determination of the application and appeal against the sentence.
The application by the DPP was supported by an affidavit of a Senior Assistant DPP Michael Sang who stated the sentence of the trial magistrate Martha Mutuku was “not proper.”
“The sentence passed by the trial Court was not proper and did not take into consideration principles of sentencing as provided for under Prevention of Terrorism Act (POTA), Case law and sentencing policy guidelines, 2023 hence manifestly illegal,” states Sang.
Dr Ali was convicted for being a leader of the Islamic State (ISIS) terror group.
He was also convicted for planning to execute a terror attack using a biologically manufactured anthrax bacterium to cause mass deaths upon unleashing the attack.
The court acquitted Ali’s wife Nuseiba Mohammed Haji Osman alias Umm Fidda who had been charged alongside her husband on all charges relating to planning a terrorist act and being a member of a terrorist group for lack of evidence.
