The High Court in Nairobi stopped the planned release of a Makueni doctor who was this week found guilty of being a member of ISIS terror group and jailed for 12 years.
This will pend hearing and determination of an application filed by the Director of Public Prosecutions (DPP).
The sentence that was slapped on Mohammed Abdi Ali alias Abu Fidaa was set to run from the day of his arrest on April 29, 2016.
The convict was supposedly set for release on Monday next week, but the High Court has since blocked this following an application filed by the ODPP.
“He was due to be released on Monday, 29th April, 2024. Inter parte hearing of the application has been fixed for the 29th April, 2024 at 9am.”
Fidaa had been found guilty of linking youths with other ISIS fighters in Libya.
He was also found to have been planning to establish an ISIS caliphate in Kenya and the East African region at large back in 2016.
Lady Justice Lilian Mutende issued an interim stay orders against the release and grant of remission of the convict.
Fidaa was sentenced to 12 years on the 22nd April, 2024 for various terrorism offences and the sentence is to run from the date of arrest which was 29th April, 2016.
Inter parte hearing of the application has been fixed for the April 29, 2024 at 9am.
The medical doctor found guilty of being a member of ISIS and linking youths with other militants in Libya was Monday April 22 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 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.
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