A Chief Magistrate’s Court sitting in Nairobi ruled on Monday that three out of four suspects accused of aiding in the terror attack on Nairobi’s Westgate Mall in September 2013 had a case to answer.

They will now be put to their defence to answer to charges of commission of a terrorist act and the conspiracy to commit a terrorist act. One suspect was however acquitted of all charges.

71 people among them four suspected terrorists were killed during the four-day siege in one of the worst terrorist attacks on Kenyan soil.

The four suspects faced a total of 12 counts some jointly and others separately. None of them are accused of being the gunmen who took part in the attack. The four had earlier in the trial pleaded not guilty to all the charges.

The Somali-based Al Shabaab militant group claimed responsibility for that attack.

The mall siege, which last four days left at least 67 people dead and about 100 injured. Authorities believe four men who carried out the attack were killed inside the mall.

The Chief Magistrate, Francis Andayi expressed satisfaction. “I am satisfied that the prosecution have made a prima facie to offer defences…”

After five years behind bars, Andayi acquitted one of the accused, Adan Dheg.

“The third accused person is acquitted of all charges facing him and is therefore at liberty,” Andayi added.


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