Two accused persons, Mohammed Ahmed Abdi and Hussein Hassan Mustafa charged in the 2013 Westgate attack case have been found guilty of conspiracy to commit a terrorist act.
However, Liban Abdullahi Omar has been acquitted for lack of evidence.
While delivering the judgment Wednesday, Chief Magistrate Francis Andayi ruled that the communication between Liban and his brother did not prove that he conspired to attack Westgate Mall.
“The pattern of their communication betrays the fact that they may have been just friends with the attackers… “I find them guilty on the charge of conspiracy, and convict them accordingly,” said Magistrate Francis Andayi in his judgment.
“The prosecution has not proved its case against accused number two and he is therefore acquitted.”
The 3 had been charged jointly and separately of 12 offences including committing a terrorist act and aiding a terrorist organisation. A fourth suspect Adan Dhed was set free in January last year after the prosecution failed to prove a case against him.
Sentencing for the two convicts will be done on October 22.
Mohamed Abdi was found guilty of conspiracy to commit a terrorism act & being in possession of an article connected to terrorism. Hussein Mustafa was found guilty of conspiracy to commit a terrorism act. Court acquitted Liban Abdullah Omar of all charges. pic.twitter.com/M7gFhQuVTM
— Office of The Director Of Public Prosecutions (@ODPP_KE) October 7, 2020
Since the Westgate Attack on 23 September 2013, that left 67 people dead and several injured, attacks escalated into 2014, with the Likoni Church attack that left 6 people dead and several injured.
In April 2015, gunmen entered Garissa University and killed 148 people.
In January 2019, the militants struck Nairobi again, hitting the Dusit Hotel and surrounding offices and killing 21 people.
