A state prosecutor has been summoned to appear in court to shed light on why two sons of former Mombasa politician Mohammed Bajaber, who are accused of stealing Sh 50 million donor funds were not produced in court.
The summons followed failure by three Anti-Terror Police Unit officers to present the suspects before a High Court in Mombasa as had been ordered by Njoki Mwangi.
“I order that summons shall be issued to state prosecutor Eric Masila to attend this court on March 23 and explain why he failed to direct ATPU officers to produce the suspects in court on January 29,” the judge said. The prosecutor was transferred to Meru county.
Masila allegedly kept the suspects in the magistrate’s court in Shanzu after pleading to the theft charges in disobedience of the court order that required them to be produced before the High Court in Mombasa, where the suspects had filed a case to block their prosecution.
Appearing before the judge, Corporal Gamalel Benedict of the ATPU explained that the order requiring them to escort the suspects to the High Court was presented to them orally while at the Shanzu court.
“I was aware of the production order but our boss told us that we leave that to him as he will handle it,” the officer said. They however failed to produce them in court despite knowing that the suspects were needed in court.
The ATPU role in the matter has also been questioned by the suspects’ lawyers led by Daniel Wamotsa but the officers have defended themselves arguing that they acted on orders from their bosses.
The court has been told that Sheikh Ali Yassir Bajabar, Abdalla Salim Bajabar and Joseph Munyao allegedly diverted the money for personal use after collecting it from a donor in Uganda.
The state has claimed that the money was meant for feeding disabled children and the less fortunate families at Sahajanad Special School and Premji Farm Feeding centre in Mtwapa, Kilifi county.
The charge sheet states that the suspects, jointly with others not before court, being agents of the Mombasa Cement Company, stole US dollar 500,000, which they were supposed to deliver to Mohamed Amir.
Yassir and Salim further face the offence of trafficking in narcotics, where they are accused of being in possession 234.6 grammes of bhang valued at Sh46,920.
The suspects have denied the offence they are accused of committing in Mombasa and Nairobi on December 19, and January 23 respectively.
The court has been told that Yassir and Salim who are said to be agents of the cement manufacturer were sent to collect the money but after receiving it, switched off their phones and disappeared.