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Westgate terror suspects denied bail

Four men facing charges in connection to Westgate mall terror attack in which 67 people lost their lives have been denied bail.

Nairobi chief magistrate Kiarie Waweru said there are compelling reasons to deny the accused bail at this stage of the trail.

Mr Waweru said he has taken judicial notice of terrorist attacks in the country, noting that the need to ensure people live without fear supersedes  the rights of the accused.

“The interest of public the public takes priority over those of individuals,” said Mr Waweru.

He noted that police are yet to complete investigations expected to go beyond the country.

However the magistrate said the issue of bail can be revived at  a later stage during the trial.

Mr Adan Abdikadir, Mohamed Abdi, Liban Abdullah and Hussein Hassan allegedly on September 21 this year jointly with others not before court carried out a terrorist attack at Westgate Shopping mall.

Other charges facing some of the accused include giving support to terrorist group and habouring of persons committing a terrorist acts.

The prosecution had told the court that charges facing the accused are serious and that they did not have a fixed place of abode hence they should be denied bail.

The accused had told the court that the charges facing them are bailable and ought to be presumed innocent and they are not a flight risk.

In his ruling, the magistrate declined to consider an affidavit by a police officer opposing the release of the accused on bond saying it was not supported by any evidence.

Mr Adan in his affidavit told the court that he was a practicing Muslim who believes in the sanctity of human life.

The accused said he is a Kenyan by birth born at Bulla Jamhuria in Mandera central and that he is a trained Madrassa teacher.

The case will be mentioned before the trial court on December 16.