So what really transpired for the two Iranians to be acquitted to being terrorists? Police have told court of how a plot to facilitate the escape of two Iranians in custody for planning to commit terrorism in Kenya was hatched. Mohammad and Mousavi were arrested in Nairobi in June 2012 and led the police to Mombasa Golf Course where 15kgs of RDX explosives were found. They were subsequently charged with two counts of preparing to commit a felony and being in possession of highly explosive material. The chief magistrate’s court found them guilty of the offences and sentenced them to life imprisonment, but it was reduced to 15-years after an appeal at the High Court. The sentence was later quashed by the Court of Appeal, which set them free. But the Director of Public Prosecutions appealed at the Supreme Court. The court ordered their detention pending determination of the DPP’s appeal.
The strategy, police said, involved a top Iranian diplomat, a Kenyan lawyer, a Ghanaian national and a reward of Sh15 million if they succeeded to “safely evacuate” the two, Ahmad Mohammed and Sayed Mousavi, from the grip of Anti-Terrorism Police Unit (ATPU). According to investigators, the plan also involved an unnamed well-connected individual who was ready to act on instructions from a top Iranian diplomat to secure their escape. Tight security is always accorded terror suspects under the custody of ATPU.
Two air tickets, for Mohamed and Mousavi, had been purchased and temporary Iranian passports produced in readiness for their escape and to facilitate their safe flight back home. At the centre of the
“The investigations are very complex since we have to review several CCTV footages retrieved from several hotels where they met with the Iranian diplomat, and their phone data. They had also been given a lot of money, which they can use to escape if released,” said Ondimu. He relied on affidavit by ATPU investigator Geoffrey Busolo, who detailed how the alleged plan was hatched before it was uncovered.
Mr Busolo said investigations revealed that Kipkemoi was introduced to the Iranian diplomat between May and June last year by a friend named A Okello. “Kipkemoi then met the senior diplomat at a local hotel and later at the Iranian Embassy, where he was introduced to a man named Noor. They followed with other meetings at a hotel in the CBD, where they agreed to rope in the other men,” swore Busolo. The Iranian diplomat had allegedly told Kipkemoi he had instructions from his home country to secure Mohamed and Mousavi’s escape for Sh15 million without the embassy’s involvement being discovered. Kipkemoi sought the assistance of Nyangaresi, an advocate of the High Court, who told him he had well-connected people to execute the job. They also roped in Agyei, who told the diplomat to ensure air tickets and temporary passports were ready for the planned escape on February 11.
“The diplomat booked air tickets and the two were scheduled to flee the country on February 11 with Qatar Airways. We are still pursuing various leads and other individuals who were involved,” swore Busolo. Ondimu told the magistrate once investigations were complete, the three were likely to be charged with several offences, including interfering with judicial process, supporting terrorism and aiding a prisoner to escape.
The three, however, opposed the application, arguing that there were no compelling reasons to warrant the 30 days’ detention. The magistrate will rule today whether to allow the prosecution’s request.