A medical doctor found guilty of being a member of ISIS and linking youths with other militants in Libya was Monday sentenced to 12 years in prison.
Trial Magistrate Martha Mutuku in sentencing Mohamed Abdi Ali aka Abu Fidaa said she considered the eight years he has been in custody as the matter was pending in court.
The prosecution had made a number of proposals regarding his sentencing after Fidaa was found guilty of five terrorism related counts.
The prosecution said they will appeal the sentence.
The counts are being a member of a terrorist group, organizing a meeting in support of terrorist groups recruitment of members of a terrorist group, and possession of articles connected with the commission of terrorist act.
Prosecution counsel Duncan Ondimu had proposed he be given 22 years for being a member of a terrorist group.
The act provides that such a person be sentenced to a period of 30 years but since he has already spent the eight years, the court gives him 22 years behind bars.
For organizing a meeting in support of terrorist groups the prosecution proposed 12 years.
The act provides that the sentence should not exceed 20 years.
For recruitment of members of a terrorist group, to collection of information and possession of articles connected with the commission of terrorist act, he urged the court to give him 56 years.
The court said the sentence should run one after the other and not simultaneously.
If the court would have agreed with his proposal, Fidaa would have spent at least 90 years behind bars.
But the trial court only imposed a sentence of 12 years saying it had considered the mitigation and submissions by all parties.
Fidaa was arrested on April 29, 2016 and charged with eight counts related to terrorism including organizing meetings by making referrals regarding operations, financing and recruitment, tasking to translate pro-ISIS material for the purpose of terrorist activities.
The prosecution said he knowingly recruited youth to be members of ISIS by linking them up with other ISIS fighters in Libya and facilitating communication through social media platforms (Twitter, Threema and Telegram) and email communications.
He was however acquitted on three charges.
While convicting him, Mutuku noted that there was overwhelming information from ISIS in the form of videos and photographs in his gadgets.
Ondimu argued that the particulars of the charge and evidence shows that the offences were committed over a period of number of years and not a one off transaction.
Ondimu told the court Fidaa being a medical doctor working at Wote District Hospital by the time of his arrest knew what he was doing.
Furthermore, he said Mohammed has not exhibited any remorse on his part or an attempt to atone for his deeds so as to see whether this court can visit mercy upon him.
“The defenseless nature of the victims should be noted that terrorism affects everyone in most cases they cannot defend themselves and in this case there was the use of technology to perpetrate the crime.”
On the part of the defense urged the court to consider a suspended sentence which they say can be supervised by a probation officer for a period of around three years.
Fidaa’s parents regretted the move saying it was unfortunate that after eight years, they have not seen the benefits of the investments they made in their son.
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