A Nairobi court has found two people accused of being behind the Westgate terror attack guilty of conspiring to commit a terror attack.
The two are the first and fourth accused; Mohamed Abdul and Hussein Mustafa.
In a ruling delivered on Wednesday, Milimani Chief Magistrate Francis Andayi acquitted the second accused, Liban Abdullah Omar, of all the charges levelled against him for lack of evidence.
Liban, a refugee from Somalia, was arrested after police tracked phone calls with his brother, who was killed in the attack. He has been in custody for over seven years.
The three faced up to 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 dismissed by the court.
“I give the second accused the benefit of doubt in communicating with his brother who was one of the attackers. Not everyone who speaks with the accused is guilty,” Andayi said while acquitting the second accused who had also been charged with being in the country illegally.
Today’s verdict was based on evidence tabled in court by the prosecution and testimonies from 146 witnesses.
The magistrate ruled that the prosecution proved beyond reasonable doubt that the first and fourth accused were in constant communication with the Westgate Mall attackers.
Following the ruling, the prosecution has asked court to hold on to the issue of sentencing to allow the victims of the attack to write victim statements.
The accused are linked to the September 21, 2013, mall attack that left at least 67 people dead and more than 150 others injured.
The fourth suspect Adan Dheg was freed early 2019 with Andayi ruling that the other three suspects had a case to answer.