Kindiki declares eight persons special entities

Eight people have been declared special entities due to their suspected involvement in planning and financing terror activities in Kenya.

Interior Cabinet Secretary Kithure Kindiki designated them under the Prevention of Terrorism Act (POTA) for aiding terrorist activities in the country.

The move came after the eight failed to explain themselves before authorities on why they should not be designated as specified entities.

The suspects were among 19 people who the Inspector General Japhet Koome had in November last year placed a notice in the dailies indicating his intention to declare them special entities.

They were then asked to defend themselves but only 11 managed to convince the authorities.
A ‘special entity’ is a person or organisation suspected to have committed, attempted to, or prepared to commit a terrorist act.

Sufficient information

In a Gazette Notice published on Friday January 19, Kindiki said there was sufficient information linking the suspects to the planning and financing of terrorism.

Those listed in the notice by Kindiki include Ramadhan Adan, Yusuf Abdalla Mustafa, Philip Kariuki Karanja, Milan Mahugu Simba, Bahati Bora Uzima, David Wambua, Simon Karuga Gitau and Musa Abdallah Kassim.

Those who appeared in the list published by Koome were Ramadhan Adan, Yusuf Abdalla Mustafa, Philip Kariuki Karanja alias Rashid Abdalla, Millan Mahugu Simba, Omar Seif Khamis, Osman Mohamed Balagha and Bahati Bora Uzima (Congolese).

Others are David Wambua, Simon Karuga Gitau, Mohamed Ali Abikar, Hassan Edin Hassan, Musa Abdallah Kassim, Mustafa Amiana Busia, Issack Ibrien Robow, Job Kimathi, Ismael Mona Otieno, Alfred Titiah Pamba, Charles Kibet Rono alias Bashir and Osman Lado Galle.

The affected entity is allowed to contest the designation before their declaration as wanted terror suspects.

Seven days

According to the law, after publication, the Cabinet Secretary is required to inform the specified entity in writing of the decision and the reasons within seven days from the date of declaration.

The specified entity may apply to the Inspector General requesting the revocation of the order by providing sufficient evidence delinking them from the allegations.

Officials said the eight did not explain themselves to the IG when they were asked to.

Under Section 3 of the Prevention of Terrorism Act (POTA), the IG is expected to notify the entities of his intention to recommend to the Interior Cabinet Secretary, that an order has been made declaring each of the entities named therein a Specified Entity.

They are expected to demonstrate within seven days why they should not be declared as such.

The law requires that before the IG makes such recommendations, he must accord the affected entities a reasonable opportunity why they should not be considered terrorist sympathisers.

Such an order is given when the IG has reasonable grounds to believe that an entity has committed, attempted or prepared to commit a terrorist act.

It can also be issued when an entity is believed to have participated in or facilitated the commission of a terrorist act.

They are also suspected of acting on behalf of, or at the direction of a terrorist organisation.

They may however apply to the IG requesting for the revocation of the order.

However, if the suspects are aggrieved by the decision of the IG, they may apply to the High Court for a review of that decision within a period of 60 days from the date of the receipt of the decision.

The law says the CS may, where he has reasonable grounds to believe that a specified entity is operating wholly or partly under a name that is not specified in the order or a different name from that specified in the order direct that the entity be treated as a specified entity under the Act and that the name of that entity which is not specified in that Schedule be treated as another name for the specified entity.