Mombasa High Court will Thursday deliver a ruling on whether the stay orders on a previous ruling issued by a lower court directing for release of items confiscated by police in a house of a terror suspect will be set aside or not.
Lady Justice Dorah Chepkwony will deliver the ruling following an application made by lawyer Daniel Wamotsa from The office of the Director of Public Prosecutions pertaining the release of items which were found in the house of a terror suspect.
Wamotsa also stated that the items in question were still with the police and they are going through re-examination despite the ruling made by the principal magistrate.
‘Why did the magistrate release items which were found with grenades’ asked Wamotsa.
Wamotsa moved to court seeking for revision of a ruling made by Principal magistrate Henry Nyakweba over the release of laptops, Voice Recorders and CD’s which he said to be crucial evidences in the case.
The application was however, opposed by lawyer Japhet Asige representing the suspect saying the court has no powers to give such order unless the DPP makes an appeal.
The suspect Sheikh Khalid Mohamed was charged with being in possession of explosives and being a member of a terror group.