Mombasa blogger gang-rape suspect granted bail
A suspect in the abduction, assault, and gang-rape of a Mombasa blogger has been granted bail despite the State’s strong opposition.
A Shanzu court on Friday released Omar Ali Mohamed, alias Nyanya, on a Sh1 million bond or a cash bail of Sh500,000 after dismissing the State’s application to deny him bail.
The court ruled that the prosecution failed to provide compelling reasons to deny Mr Mohamed bail.
The State had argued that Mohamed hired the vehicle used to transport the victim to Mwakirunge dumpsite, where he was abandoned.
The court heard that the suspect is directly linked to the September 12 incident, during which the blogger, BJK, was sexually assaulted by the gang before being dumped in an unfinished house near the dumping site.
“It was established that Mr Mohamed is directly involved in the commission of the offences because he was the one who hired the vehicle used to commit the offences,” investigating officer Irene Karuga had said in an affidavit filed in court.
M-Pesa records
The investigator said the State has M-Pesa records, statements, a journey map, and CCTV footage to substantiate this. These items will be provided to the suspect during the trial.
Mr Mohamed was charged with four offences, including conspiracy to commit a felony, abduction with intent to confine, gang rape, and assault causing actual bodily harm.
Read: Police link Governor Nassir, his mother to blogger’s gang rape
The court was informed that the suspect conspired with four other individuals, already charged in court, to abduct the blogger before confining the victim with the intent to keep him secretly and wrongfully confined.
The court further heard that the suspect, along with others already before the court, gang-raped the blogger before assaulting him with kicks and fists, thereby causing him actual bodily harm.
However, the suspect denied all the charges.
The blogger was abducted from his Bamburi Jitegemee residence, gang-raped, assaulted, and left in an unfinished house near the dumpsite.
The state argued that Mohamed conspired with four others already charged with similar offences while committing these offences.
Granted bail
While trying to prevent Mr Mohamed from being granted bail, Investigating Officer Irene Karuga asserted that the suspect poses a flight risk and might tamper with witnesses due to his connections with politicians and his mobilisation skills for the political elite in Mombasa.
She said Mohamed was arrested at Lunga Lunga border while allegedly attempting to flee to Tanzania after returning the vehicle used in the crime.
Read: Gang-rape: Mombasa blogger tells court of ordeal at the hands of his abductors
However, Mohamed denied these allegations saying he has a fixed residence in Mombasa, where his children and extended family live.
He claimed to have learnt of the case through social media. He said he had received no summons and described his arrest as fabricated, alleging he was beaten and threatened by police to force a confession. He also claimed police tried to link the crime to prominent political figures.
The incident allegedly stemmed from a viral TikTok video in which BJK criticised Mombasa Governor Abdullswamad Nassir.
On the day of the abduction, a gang of six motorcycles and pillion passengers lured BJK by claiming he was being taken to apologise to the governor. Instead, he was forced into a dark grey Nissan Note car and driven to a construction site for a county project.
At the site, BJK was gang-raped, assaulted, and recorded on video to intimidate him from reporting the crime. Afterwards, the gang dumped him in an unfinished house, leaving him to fight for his life.
Mr Mohamed‘s four co-accused, Ms Esther Muthoni John, alias Totoo, Ms Violet Adera, alias Vayoo, Mr Abdul Hassan Athman, alias Sindimba, and Mr Haji Babu Ndau Mohamed, alias Achkobe or Jay have denied similar charges.
bocharo@ke.nationmedia.com
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