Freed Kenyan national Omar re-arrested over terrorism

But in June 2016, Omar and four others; Abubaker Batemyetto and Dr Ismael Kalule Yahaya Mbuthia Suleiman and Muhammad Hamid Suleiman were acquitted of all charges and court ordered their release. Current deputy chief justice Alphonse Owiny-Dollo said prosecution had failed to prove a case against them beyond a reasonable doubt. The four others included.However, they were re-arrested and slapped with fresh charges of terrorism. According to the fresh charge sheet, the group was found in possession of literature for promoting terrorism. They allegedly committed the offense between February 16 and March 16, 2016 while under detention.
State prosecutors stated that the literature contained detailed descriptions and instructions on how to successfully carry out a terror attack including a description of criteria for target choice, personnel identification and training, surveillance and the appropriate weapons to be used in the said attack.
But they were freed last week after the Director of Public Prosecutions (DPP) discontinued their trial. The court thereafter received deportation letters for three of the suspects, said to be Kenyan nationals deemed to be undesirable according to Internal Affairs minister Jeje Odongo.
The three include Omar, Yahaya Mbuthia Suleiman and Muhammad Hamid Suleiman. However, Omar insists that he is a Ugandan and cannot be deported to Kenya and is challenging the deportation in court.
In his application filed before the International Crimes Division of High court today, Omar states that that he is a biological son of the late Omar Awadh an Arab of Kenyan origin, and Fatuma Said Abdallah – a Munyankore by tribe and Ugandan by nationality.
But before his application could be heard, Omar was re-arrested from his mother’s home in Kawuku. He is currently detained at Special Investigations Unit (SIU) Kireka. His lawyer Caleb Alaka confirmed his arrest.
“He was picked from his home on Entebbe road by plain-clothed people who identified themselves as police operatives and we have found out that he is in Kireka,” Alaka said.
A source in the Criminal Investigations Directorate (CID) told URN on condition of anonymity that the only way that Omar would be freed is if he accepts to be deported to Kenya.
“It does not matter that he was exonerated. There is no way that we are going to allow him to remain in Uganda and not be in cells,” the source said.
Omar is one of the wanted suspects in Kenya for allegedly financing terror acts and upon deportation is likely to be arrested by Kenyan authorities. Earlier this year, the justice Owiny-Dollo revealed that he had exonerated a suspect who he was sure was guilty of masterminding the July 11, 2010 twin bombing in Kampala.
The files in court show that Omar allegedly received money from al-Shabaab members from the United Kingdom, which was used to finance operations for the bombing of Kyadondo Grounds and Ethiopian Village restaurant where at least 78 people died.
The UK refused to give the evidence which included the transaction documents, identity and confessions made by the funders because President Yoweri Museveni refused to agree to their condition not to sentence Omar to death once found guilty and convicted.
