Terror suspects' acquittal on explosives charges contested by District Prosecutor's Office
In a surprising turn of events, the Director of Public Prosecutions (DPP) in Kenya has appealed against the High Court's decision to overturn the jail terms of two men convicted of possessing explosives, bullets, and guns. The two men, Alex Shikanda and Musharaf Abdalla, were initially convicted of charges believed to be related to what could have been Kenya's deadliest terror attack – the 2013 Westgate Mall attack.
The acquittal orders for Shikanda and Abdalla were issued on June 13, 2025, but their freedom has now been put on hold as the DPP seeks to challenge the ruling. Assistant DPP Duncan Ondimu argues that there is a high risk that the two suspects will not attend court due to the seriousness of the charges.
Justice Grace Nzioka, in her judgment, expressed doubts about whether the two men were actually in possession of the weapons and if they knew that there were weapons in the house where the arsenal was found. The court heard that the arsenal recovered on September 14, 2012, included explosives weighing around 18 kilogrammes, 12 hand grenades, 16 magazines, and 421 rounds of ammunition. The devices contained high explosives like TNT, RDX, and PETN, and could be detonated by suicide bombers or remotely via mobile phones.
Abdalla initially faced 10 charges, but pleaded guilty to nine, excluding being unlawfully present in Kenya. Yassin, a third individual, pleaded guilty and was sentenced to a total of 59 years in 2012. However, Yassin's sentence, if run consecutively, would have totaled 59 years, but was later changed to run concurrently, leading to a cumulative sentence of seven years imprisonment.
Ondimu claims that Musharaf Abdalla had previously escaped from custody during the appeal process at the High Court. He also argues that public interest, victims' rights, and national security concerns demand that the two remain in custody pending the hearing and determination of the appeal.
In a bid to reconsider his sentence, Yassin argued that he should have been leniently sentenced due to saving court time. However, this argument was not successful, and the DPP has now decided to appeal the High Court's decision.
The terrorist attack for which Alex Shikanda and Musharaf Abdalla were convicted in Kenya is the 2013 Westgate Mall attack, which claimed the lives of 67 people and left hundreds more injured. The attack was one of the deadliest in Kenya's history, and the acquittal of the two suspects has raised concerns about the country's ability to combat terrorism effectively.
The appeal now centers on whether the High Court was right to overturn their convictions and sentences. The outcome of this appeal will have significant implications for Kenya's justice system and its fight against terrorism. The case is expected to be heard in the coming months.
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