Two Westgate terror attack convicts, Mohammed Abdi and Hussein Mustafa have been sentenced to 33 and 18 years in jail respectively.
The ruling was delivered on Friday by Milimani Chief Magistrate Francis Andayi.
The two will, however, serve 26 and 11 years respectively as the magistrate considered seven years trial period behind bars as time served.
In the first count of conspiracy to commit a terrorist act, Andayi sentenced the two to 18 years in prison.
In the second count of knowingly giving support to terrorist activity, they were slapped with 18 years but the court said both sentences will run concurrently which means each of them will serve 18 years in prison.
Abdi, who was charged separately with the offence of being in possession of material used in promoting terrorism, will serve an additional 15 years in jail, making it 33 years.
“The reports indicate that they are persons of good character and they maintain their innocence. Unfortunately for them, the issue of innocence is not in this case as the act has already convicted them,” Andayi noted while sentencing the two.
The magistrate, however, told the convicts that they have a right to file an appeal at higher courts.
The two were found guilty of conspiring to commit a terror attack on October 7, 2020.
The magistrate, however, acquitted the second accused, Liban Abdullah Omar, of all the charges levelled against him for lack of evidence.
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.
The 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.
They were 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.