A Nairobi Court on Wednesday acquitted a Westgate Mall terror attack suspect and found two others guilty.
Mohammed Ahmed Abdi and Hussein Hassan Mustafa were found guilty of conspiracy to commit a terrorist act while Liban Abdullahi Omar was set free over lack of evidence.
Chief Magistrate Francis Andayi found that communication between Liban and his brother did not prove that he was behind the attack.
The trio faced at least 12 counts related to the commission of a terrorist act, conspiracy to commit a terrorist act, giving support to a terrorist group, Al Shabaab, and being in the country illegally. Some of the charges were thrown out.
The defense team told the court that Liban is a refugee and his alien card should be released to him. Further, they asked that he is released to United Nations High Commissioner for Refugees (UNHCR).
State counsel asked the court to defer sentencing to a later date, a request Andayi allowed.
The prosecution also asked the court to hold on to the issue of sentencing to allow the victims of the attack to write victim statements.
There was heavy security around the precincts of court on Tuesday and Wednesday as the trio awaited their sentencing.
Last month, the three suspects complained about poor living conditions in prison.
Mustafa, told the court that beans and kales, which were provided at the prison, were affecting his health. “Currently, I have been taking porridge, bread and some milk. I have a problem with kales and beans. ”
Mohammed told the court that the cells were too cold, noting that he needed an extra blanket.
In his ruling, Andayi said, “None of the accused persons seems to have a serious medical issue. They appear to be well even as the third accused person says he’s not able to see well. The prisoner in charge is hereby called to address those issues and file a report in court. The report is expected to be filed in 10 days of how he has addressed the complainants raised by the accused persons.”
The 2013 attack left 67 dead and others nursing injuries.