A man identified as Omar Seif Khamis was on Thursday, June 22, convicted and sentenced to 20 years in prison by the Kakuma Court for contravening the Prevention of Terrorism Act (PTA) of 2012 and the Anti-Terrorism Act (ATA) of 2020.
Omar was convicted on charges of being in possession of a mobile phone which had information meant to commit an act of terrorism against the Republic of Kenya.
The court heard that Omar was found with the phone in a highly protected area prohibited from the general public in Turkana County.
"Kakuma Court convicted and sentenced a man to 20 years imprisonment for being in possession of a mobile phone with information meant to commit an act of terrorism.
"Charles Ayamba heard that Omar Seif Khamis was found with the said phone at the Kenya Coast Guard Turkana Station in 2022," the Office of the Director of Public Prosecution stated.
The prosecution, led by Isaac Wasike, presented evidence that showed that the phone contained information about how to commit terrorist acts in the country.
The Judge, Charles Ayamba, found Omar guilty and gave him a maximum sentence after being convinced that the man had broken the laws of the land.
Justice Ayamba noted that the sentence was necessary to deter others from committing similar crimes based on the fact that terrorism had claimed so many lives in the country.
Prevention of Terrorism Act (PTA)
The suspect was convicted on the Prevention of Terrorism Act (PTA) that was enacted in response to the 2011 Garissa University College attack that killed 148 people.
The law defines terrorism as the use of violence or threats of violence, intimidation, coercion or any other means intended to cause death, serious injury, damage to property, or to endanger the life of a person, with the intention of advancing a political, religious or ideological cause.
The PTA gives the government broad powers to investigate and prosecute suspected terrorists. These powers include the power to detain suspects for up to 30 days without charge, the power to search and seize property, and the power to restrict travel.
Anti-Terrorism Act (ATA)
Anti-Terrorism Act (ATA), on the other hand, was enacted in 2020 in response to the growing threat of terrorism in Kenya. The law expands on the PTA's definition of terrorism and gives the government even broader powers to investigate and prosecute suspected terrorists.
However, ATA has been criticised by human rights groups for its vague definition of terrorism and its broad powers, which they say could be used to target political opponents or people who exercise their freedom of expression.
In 2022, the Kenyan government passed the Prevention of Terrorism (Amendment) Act, which further expanded the government's powers to investigate and prosecute suspected terrorists.
The government previously defended the anti-terrorism laws, noting that they are necessary to protect the country from terrorism.
