A Milimani court Monday found suspect Victor Odede Bwire guilty of two terror-related charges.
This is after the prosecution proved that Bwire was carrying out surveillance with plans to blow up the Kenyatta International Convention Centre in 2019.
The court heard that the terror convict was tasked with checking on how many entrances there into the building, how searches were being conducted by security personnel and the number of doors to the KICC.
Bwire was also tasked to check on the toilets, CCTV cameras, loading zones and other areas including parking lots.
The court heard that he later relayed all the details about the building to a man identified as Mohammed Yare Abdalla, who was based in Somalia, through three Facebook accounts, which he was also instructed to open secretly.
All the details were to be gathered with plans to blow up the KICC sometime in mid-2019 but it was nicked in the bud by the police.
This was after the cops got wind of it and arrested the former Boda boda rider.
Upon interrogation, Bwire admitted opening the three pseudo accounts on Facebook and receiving instructions from Abdalla.
He, however, defended himself saying Abdalla was a sugar merchant and his trip to Moyale on a motorbike was meant to check whether the police would ‘disturb’ him on the way.
On the way to Moyale, Bwire was asked to check the number of police roadblocks, note how many times he was stopped by the police, check on him and his luggage and if possible, carry a pillion passengers while seeing how security personnel will treat him on the way.
He set on his journey and came back to the city and gave his benefactor a brief of the journey.
On surveillance at KICC, the convict said Abdalla wanted to hold a Somali cultural event at the iconic building sometime in 2019 and sought for details about the area.
The defence was dismissed by senior principal magistrate Benard Ochoi who said an exhibitor would be interested in knowing about the price for holding an exhibition, ambience and accessibility among others.
The magistrate said in a ruling on Monday that all the details as narrated by the prosecution and Bwire’s own admission make him conclude that he was guilty of two counts which include conspiracy to commit a terrorist act and collection of information for the use in the commission of a terrorist act, with the latter offence carrying a prison term of not more than 30 years.
“It is my finding also that the prosecution has proved both counts beyond reasonable doubt and he is convicted of the same,” the magistrate said.
Bwire was introduced to the accomplices in Somalia by his cousin Elgiva Bwire, who was convicted and sentenced by a Nairobi court, and later served his term but disappeared upon release.
As part of the process, he was also asked to drop anything identified with him including mobile phones, identity cards and Facebook accounts.
To acquire new mobile phones, he was asked to pick up lost identity cards and register a new line.
Bwire later opened three Facebook accounts, Sadik Ali Mose, Kimsam, Soze Keziah, which he would communicate with Abdalla in Somalia.
He was also asked to purchase three books after being sent money and confirm whether he was ready for Hijrah, sought of emigration for the sake of Allah.
A Federal Bureau of Investigation (FBI) agent who testified through mutual legal assistance, told the court that the communication on Facebook found its way to an accomplice in Somalia.
In the ruling, the magistrate said although circumstantial, all the evidence pointed out that Bwire was conspiring to commit a terrorist act.
“The collection and transmission of information must be looked at cumulatively. It was for no other purpose but for a commission of a terrorist act. The suspect is guilty of both counts,” Ochoi said.
The prosecution asked for more time to file an impact report before sentencing. The case will be mentioned on February 8.