Tanzanian terror suspect’s three-year trial nears end
The trial of a Tanzanian man who claims he is a herbalist whereas the government thinks he is a terrorist is nearing its end after nearly three years in a Mombasa court.
Mr Omar Ilole Shija, a 32-year-old son of a retired soldier, has faced quite the task in defending himself against more than 15 terrorism charges levelled against him by the government.
He was in court on Thursday to wind up his oral submissions, and the next stage will be for the parties to file written submissions in two weeks’ time before Mombasa Senior Resident Magistrate Rita Orora pens her verdict.
His defence before court is that he was called to Kenya by his brother-in-law to tend to a desperately sick patient in 2021.
But what he thought would be a simple administration of herbal medicine swiftly transformed into a nightmare, and before he could comprehend what was happening, he found himself confined at Shimo la Tewa remand prison as a suspected terrorist.
Since then, his life has been defined by several court appearances and a string of terrorism charges dangling heavily over his head.
His life took a dramatic turn when on November 19, 2021, he was arrested along Old Malindi Road, Mombasa, and booked at Central Police Station. According to Anti-Terror Police Unit (ATPU) officer Geoffrey Omete, Shija was arrested and detained on suspicion of being an Al-Shabaab member and an illegal entrant into Kenya.
“From preliminary investigations, Shija is believed to be a member of the Al-Shabaab terrorism group, with connections in Somalia, Kenya, Tanzania, Congo, and Mozambique, and is believed to be linked to ISIS,” Mr Omete told the court.
The officer alleged that Shija was en route to join Al-Shabaab when he was apprehended, found without proper identification documents or a fixed abode.
The officer further clarified that Shija was arrested by his colleagues on suspicion of being a member of a terrorist group.
Shija initially faced two charges — being a member of a terrorist organisation and illegally entering Kenya.
Following the State’s further investigations, however, he was charged with 17 additional terrorism-related offences including possessing materials linked to terrorism and gathering information contrary to Section 29 of the Prevention of Terrorism Act, 2012.
Shija, however, denied all these accusations.
The court was informed that the suspect was found with videos and audio files, which are materials used for committing a terrorist act. These videos, played in court, contained the radical teachings of slain controversial Muslim cleric Sheikh Aboud Rogo.
To support its case, the state presented evidence including forensic analysis of Shija’s phone, said to contain extremist videos and audios that could serve to radicalise viewers.
These files were reportedly retrieved from his Techno phone KF6I fitted with Safaricom and Airtel SIM cards.
Forensic extraction of the suspect’s mobile phone was done using a universal forensic extraction device.
“It was then established that there were videos and audios linked to terrorism extremism and radicalisation,” said the report prepared by Police Constables Gordon Aluko and Grace Kajuju, which was produced in court as an exhibit.
The prosecution further submitted to the court, through witnesses, that a review of the videos and audio files recovered from Shija’s mobile phone was conducted, revealing that the information contained therein reflects extremist beliefs that could encourage listeners and viewers to join the outlawed Al-Shabaab terrorist group.
Furthermore, the court was informed that the files could be used to radicalise, motivate, and convince vulnerable individuals to join terrorist groups.
The files were received on the suspect’s phone via Telegram, downloaded, and saved as MP4 files on various dates.
Based on the examination of these files, forensic experts concluded that Shija has a significant interest in terrorism, is radicalized, and is an active member of Al-Shabaab.
After reviewing the state’s evidence, Magistrate Orora found the case strong enough to require Shija to provide a comprehensive explanation of his activities.
In his defence, Shija, maintained his innocence, describing himself as a herbalist with no knowledge of terrorism, arguing his presence in Kenya was merely to treat a patient at his brother-in-law’s appeal.
On Thursday, Shija, guided by his advocate Chacha Mwita, recounted his journey to Kenya and the events leading to his arrest. His brother-in-law, Peter Ndong’o, who was arrested with him in 2021, also testified, vouching for Shija’s innocence, repudiating the terrorism allegations.
Shija told the court that prior to November 19, 2021, his other brother-in-law, Caleb Samburu, had contacted him, seeking help for his boss suffering from a serious bone issue and bleeding from a sensitive area.
“I have treated many people in Kuria, Migori, for such health challenges. That is why he reached out to me,” he explained to the court.
In response, Shija prepared his medicinal herbs and travelled to Kenya after securing temporary travel documents. After arriving in Kenya, he stayed at his father-in-law’s home in Kuria before proceeding to Mombasa with Ndong’o.
Once in Mombasa, they went to Samburu’s residence in Kiembeni, where Shija met the ailing patient.
“The patient responded well to the medication. I then decided to return to Tanzania to gather more herbs to ensure she healed completely,” he recounted.
In gratitude, the patient gave him KSh10,000, equivalent to TSh200,000, which he intended to use to buy gifts for his wife and children back in Tanzania.
On November 19, 2021, Shija began his journey back to Tanzania, accompanied by Ndong’o, who planned to escort him to the Mwembe Tayari stage to catch a bus.
However, along Old Malindi Road, armed men intercepted their matatu.
“They shouted, ‘Here they are,’” Shija said, recounting the sudden ambush. He, Ndong’o, and the driver were blindfolded and taken away for questioning.
“They insisted I was Seif, a wanted Kenyan terrorist from Somalia who frequently returns to Kenya. I told them I was a herbalist and a Tanzanian, with no terror links. They couldn’t hear anything,” he testified.
According to Shija, he was interrogated separately from Ndong’o and the driver, who was eventually released.
Shija, however, was kept in custody and charged in court. He identified his phone as a blue Techno Spark 7, denying any connection to a Techno KF6I phone linked to Telegram usage and alleged terrorist communications.
“The Techno KF6I is not mine. I have never used Telegram. I am a mere herbalist. I don’t know anything about terrorism. May God forgive the officers who are doing this to me; I have personally forgiven them,” he told the court.
Shija also stated that he had no knowledge of Aboud Rogo, whose videos formed the basis of the terrorism charges against him.
His testimony was corroborated by Ndong’o, who affirmed that Shija is a herbalist.
“We know him as a herbalist because he is our in-law. His phone was a Techno Spark 7; I have never seen him watching the alleged videos. He is a Muslim, and I am a Seventh Day Adventist; we have co-existed peacefully since he married our sister,” he said , crying uncontrollably.
Ndong’o pleaded with the court to review the prosecution’s evidence and release Shija, whom he believes was wrongfully accused. He maintained that Shija’s primary reason for coming to Kenya was to support his family.
The defense presented a letter from the Chairman of Mlimani village, Old Shinyanga in Tanzania, where Shija was born in 1992.
The letter confirmed Shija’s Tanzanian nationality and his profession as a herbalist.
“He is a herbalist; that is what he went to do in Kenya. He is a Tanzanian national,” stated Mlimani village chairman Peter Hungwi.
Whether his journey to Kenya was truly about healing or a cover for something darker is for the court to decide.
bocharo@ke.nationmedia.com.
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