Kenya politics: Senator Sonko summoned over whereabouts of MRC leader
Posted by African Press International on August 15, 2016
PHILIP MUYANGA -1 | Jumatatu, Agosti 15, 2016
Nairobi senator has been summoned by a Mombasa court to explain the whereabouts of Mombasa Republic Council (MRC) leader Omar Hamisi Mwamnuadzi.
Senator Mike Sonko stood surety for the MRC leader who is facing a charge of being in possession of a firearm and several rounds of ammunition.
Mr Mwamnuadzi failed to show up in court on Monday prompting the Mombasa chief magistrate to order Mr Sonko to explain.
The magistrate, Douglas Ogoti, also issued a warrant of arrest against Mr Mwamnuadzi following a successful application by the prosecution.
The court directed the summons against the flamboyant senator and the warrant of arrest against Mwamnuadzi be effected by the Kwale County Criminal Investigations Officer.
Principal Prosecution Counsel Jami Yamina made an application for the warrant against Mr Mwamnuadzi to be issued saying medical documents presented to court claiming the accused had been hospitalized were not genuine.
“We have verified the documents, the accused was never hospitalized at the hospital, the electronic medical number on the documents relates to another person,” said Mr Yamina.
Mr Yamina also sought permission to make an application to prosecute the case in the absence of the MRC leader.
“It is clear to us the prosecution that he (the accused) intentionally absconded,” said Mr Yamina adding that the accused has skipped court cases against him in Kwale and warrants of arrest issued.
According to the prosecution, it has no intention to withdraw charges against the secessionist’ group leader.
In his ruling, the magistrate said there was intention to mislead the court on June 13 when it (court) was told that the accused had been hospitalized.
The court gave the prosecution seven days to file its intended application seeking to prosecute the case in the absence of the accused.
Mr Mwamnuadzi is facing the charge together with his wife Ms Maimuna Hamisi Mwavyombo with being in possession of offensive weapons.
They also faced two counts of incitement to violence and being in possession of articles used in the exercise of witchcraft.
Apart from Mr Mwamnuadzi and his wife, there are 34 other people facing a charge of consorting with an armed person.
According to the prosecution, they allegedly consorted with Mr Mwamnuadzi and his wife who without reasonable excuse were found in possession of firearms and offensive weapons in circumstances that raised reasonable presumption that they were to be used in a manner prejudicial to public order.
The offences were allegedly committed on October 15, 2012 in Kombani, Kwale County.
Last month the Court of Appeal upheld a decision to lift the ban on the secessionist group.
In its decision, the Court of Appeal ruled that the government’s ban on MRC six years ago was improperly effected even if the group was considered a threat to national security.
The five judge bench dismissed the State’s appeal against a 2012 Mombasa High Court decision setting aside the 2010 ban.
They also ruled that a government cannot use force to shut down an agenda for secession and therefore the ban failed the test of an Executive decision taken in the name of protection of national security.
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