Hotel bombing charges dropped
A Kenyan judge dropped murder charges against four men for their alleged roles in the al-Qaida car bombing of an Israeli-owned hotel that killed 15 people, saying the prosecution did not present sufficient evidence.
A verdict is expected later this month in a separate conspiracy case against three other suspects in the 2002 bombing.
In the murder case, prosecutors produced “no evidence, direct or circumstantial, that connects the accused to the al-Qaida network and the involvement in the preparing, planning and bombing of the Paradise Hotel,” Judge John Osiemo said.
Under Kenyan law, a judge can acquit defendants after the prosecution has finished presenting its case if he finds the case insufficient.
“The only evidence that connects the accused to the al Qaida network and their bombing of the hotel is that there was cell phone communication between the mobile numbers of the accused and one Abdul Karim, who the prosecution alleges was the main player,” the judge added.
Omar Said Omar, Mohammed Nabhan, Aboud Rogo Mohammed and Mohammed Kubwa were immediately released and their relatives and supporters immediately started shouting: ”Allahu akbar!” – “God is great!” in Arabic – in the courtroom.
All four men had maintained their innocence.
“It’s fair. I’m quite happy I’m back with my family. Justice has been done,” Nabhan said.
Mohammed Kubwa said: “God is great.”
Prosecutor Edwin Okello said he was disappointed.
“The judge did not appreciate the issues we made connecting the accused to known terrorists,” he said.
The al-Qaida network has claimed responsibility for the August 1998 bombing of the US Embassy in Nairobi, which killed 219 people, the hotel attack and a near simultaneous attempt to shoot down an Israeli charter airliner taking off from nearby Mombasa airport.
The shoulder-fired missiles narrowly missed the aircraft.
A statement from the Israeli foreign ministry said that Kenya’s ambassador to Israel will be summoned to receive a message demanding Kenya do more to bring those guilty to justice and will offer further Israeli aid in tracking them down.
“The foreign ministry received with dismay the court’s decision to release the suspects in the attack on the Paradise Mombasa Hotel. This decision means that until today none of those guilty for this heinous crime have received punishment,” the statement said.
“This fact defiles the memory of the victims – Israelis and Kenyans – and raises fears that terror organisations around the world will view this as an encouragement for their vile deeds.”
The hotel trials were the first attempts by authorities in the East African country to seek convictions against alleged terrorists.
Defence lawyers had charged the hotel murder trial was the result of pressure from America, Britain and Israel for Kenya to take action, an allegation Kenyan officials deny.
The secretary general of the Council of Imams and Preachers of Kenya welcomed the ruling, but condemned the detention of the suspects for 26 months under what he called “US pressure”.
“There was no evidence and therefore the court had no alternative but release the suspect, this is the best news for Muslims today,” said Mohammed Dor.
