In his order, high court Judge Justice Mohammed Warsame questioned whether the institution of the president was protecting, preserving and safeguarding the interests and rights of Kenyan citizens as contained in the new constitution. Ten Kenyans have so far been arrested and charged in Uganda over the bombings. The case will be heard on September 30th.
Justice Mohammed Warsame questioned why President Mwai Kibaki, who recently swore allegiance to the new Constitution, allowed state agents to infringe on the rights of Kenyans.
“That kind of behaviour --- raises basic issues of whether a president, who has just sworn in and agreed to be guided by the provisions of the Constitution can allow his agents to breach with a remarkable arrogance or ignorance,” ruled Warsame.
Warsame said the action by the Kenyan authorities showed “yesteryears’ impunity is still thriving in our executive arm of the government.”
“I direct the attorney general, police commissioner and internal security minister to ensure that the applicant is not handed over, transported and or transferred to Uganda or any other country without further orders from this court,” the judge ruled.
A total of 13 Kenyans are already facing terror-related charges in Uganda. Kana says in his affidavit that six of those Kenyans are personally known to him as they worship with him at Jamia Mosque and elsewhere in Nairobi where they socialise in coffee houses.
Kana said Mbugua Mureithi, a lawyer who was arrested and later released as he went to Uganda to represent the Kenyans in custody, had told him that he and a Muslim human rights activist, Al Amin Kimathi, who is also in custody, were interrogated about him.
In his affidavit Kana also claimed that he is a frequent visitor to Yemen, where his first wife and five of his children reside. Yemen is categorised by the American Government as a terrorist/al-Qaeda main cell.
The court directed that its orders be also served on the Office of the President.
Hon. Mr. Justice M. A. Warsame
Date of First Appointment: December 10, 2003
Date of Current Appointment: December 10, 2003
Years of Service: 2