Mombasa,KENYA:The state has appealed against the ruling of a Man linked to the 2013 Westgate terror attack.
The state through Ngina Muitha of the prosecution council of the office of the DPP filed an appeal on Friday.
The man Swaleh Abdalla Said had been acquitted on the 5th of this month by a court in Mombasa citing lack of evidence linking the man to the attack and the Alshabaab terror group.
The prosecution argued that the acquittal of the man hindered the progress made by the government in combating terror activities in the country.
The prosecution also argues that Swaleh might refuse to attend court hearings, should the appeal be admitted.
However, Said’s lawyer Chacha Mwita told the court which was presided by Lady Justice Ansetha Ongera that it was unfair to admit the appeal brought against his client, as the prosecution had already failed to link him to the attack and the Alshabaab terror group.
Said had been arrested in October 2013 a month after the Westgate attack in Nairobi that left 67 people dead.
Anti terror police claimed that Said had led them to a house in the Likoni neighborhood of Mombasa where they recovered explosives, a mobile phone and passports.
The Anti terror police had also claimed that he was involved in recruitment of youths in Lamu and the Majengo neighborhood of Mombasa to join the Alshabaab terror group.
A ruling on the appeal application is expected to be read out on 23rd June 2017.