Contradictions in the dates of hearing stalled the trial of a case involving four women accused of being members of Al-Shabaab on Monday as witness failed to appear in court.
The court file had recorded that the case was to be heard on January while the police file had recorded that the case would be heard on December 2015.
State Counsel Eugene Wangila admitted that an error had occurred and asked the court for an adjournment.
“Your honour the error was advertent and no one had planned for it, we pray for the last adjournment so that we can bring our witnesses,” he told Mombasa Principal Magistrate Richard Odenyo.
Mr Wangila said the prosecution had lined up three witnesses, among them Anti-Terror Police Unit officer from Mandera county.
He said some of the witnesses bonded are from El-Wak where the accused were arrested and others are from Nairobi.
Ms Ummulkheir Sadri Abdalla, Ms Khadija Abubakar Abdulkadir, Ms Maryam Said Aboud and Ms Halima Adan were arrested at the El-Wak border point in Mandera County on March 27 last year while trying to sneak into Somalia to allegedly join Al-Shabaab.
Ms Adan, however, faced another charge of being a member of Al-Shabaab at Kyuvi in Machakos County where she was arrested on April 3.
They all denied the charges and have been in remand at the Shimo la Tewa prison.
The four who had been linked to Jihadist are also faced with additional charges where they are accused of organizing a meeting in Nairobi on March 26, 2015 to plan how to cross into Somalia to support the Al-Shabaab terror group.
Defence Lawyer Khamisi Mwadzogo,who had opposed the inclusion of the new charges ,accused the prosecution of delaying the proceedings of the case.
He said the prosecution has not taken the case seriously and that is why the matter is marred with contradiction.
Mr Mwadzogo urged the court to consider the fact that the accused have been in custody since March when they were arrested.
Mr Mwadzogo asked the court to grant the prosecution last adjournment if it would rule on their (prosecution) favour.
The case will be heard on February 4th.