Alleged Islamist financier and son walk to freedom http://www.eastandard.net/hm_news/news.php?articleid=1143964919
By Judy Ogutu The suspected financier of the Islamic Courts Union is now a free man. Charges of being in Kenya illegally against Mr Abubakar Omar Adan and his son, Omar Abubakar Omar, were terminated when the State entered a nolle prosequi in the case. State counsel, Mr Vincent Wahoro, presented before court the document signed by Director of Public Prosecution Mr Keriako Tobiko, on Thursday. The State's move comes hardly a month after the father and son convinced a magistrate's court to refer the case to High Court for Constitutional interpretation. Their lawyer, Mr James Orengo, had told Senior Principal Magistrate, Mrs Margaret Wachira, that the proceedings against them "were oppressive, arbitrary and being undertaken to achieve extraneous purpose of deporting them without due process". Adan, who had already admitted to charges of being in Kenya illegally and failing to register as an alien, had complained that charges against him were misdemeanors and did not warrant his being held in custody for a month. His clients, he argued, were refugees running away from their country and should be treated as such. Adan, 70, was arrested in Liboi last December 26 while fleeing Somalia after the fall of the Islamic Courts Union. Together with his son, they were detained for a month in a move described by the State as a measure to safeguard the national security. Wahoro had told Wachira that they were detained to establish how they entered Kenya and what role they played while in Mogadishu. Wahoro informed High Court Judge, Justice Joseph Nyamu, that the State wished to terminate the charges. He did not give explanation for the new twist, only informing the judge that they were before him to seek directions as to how the court should be furnished with the nolle prosequi. Orengo said Section 84 of the Constitution gave the court power to determine any case referred to it. Nyamu terminated the Constitutional reference before him and ordered the file placed before Wachira to make necessary orders in terms of the nolle prosequi. (F)AIR USE NOTICE: All original content and/or articles and graphics in this message are copyrighted, unless specifically noted otherwise. All rights to these copyrighted items are reserved. Articles and graphics have been placed within for educational and discussion purposes only, in compliance with "Fair Use" criteria established in Section 107 of the Copyright Act of 1976. The principle of "Fair Use" was established as law by Section 107 of The Copyright Act of 1976. "Fair Use" legally eliminates the need to obtain permission or pay royalties for the use of previously copyrighted materials if the purposes of display include "criticism, comment, news reporting, teaching, scholarship, and research." 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