By Eric Winston/Guest Writer
A police officer who was detained for 30 days for allegedly supporting terrorism is mentally unstable, his wife has claimed in a sensational affidavit filed at the High Court Criminal Review and Appeals Division to press for his release.
Agnes Muthoni Wanjiku, wife to Waiss Abdulaziz Mohammed, through high court lawyer Robert Paul Onyango, (firstname.lastname@example.org)says that the husband needs psychiatric attention and not arrest and incarceration.
Wanjiku claims her husband has even exhibited suicidal tendencies before.
She admitted to Waiss posting extremely vulgar and abusive comments on his Facebook page but argued that he should not be victimized just because he “has his way of expressing himself which does not sit well with others.”
Treatment because of religion
Agnes Muthoni claims that Waiss’ social media posts are only being taken seriously because of his religion. “If the comments were made by a person from a different religion, e.g a Christian, Hindu or Buddhist, he would not have received similar treatment,” the affidavit further reads.
In the affidavit filed under a certificate of urgency, she wants the husband released on bail pending a formal charge in court as the detention is unfair and unconstitutional and a violation of his rights.
Wanjiku says that her husband is a serving police officer and was therefore not likely to interfere with investigations or leave the country unnoticed.
She accuses the prosecution of prejudicing, vexing and violating her husband’s right to a fair trial.
Treated like an animal
Wanjiku claims her husband has had no change of clothes since his arrest on July 1 since she is not aware of his whereabouts.
“Article 28 of the Constitution of Kenya protects the inherent dignity of a human being… Only an animal can be treated that way.”
The prosecution had sought to have the station where he is detained remain anonymous for security purposes.
Wanjiku says this has denied Waiss access to his family and advocate. She says the isolation of her husband without disclosure of his whereabouts is psychological torture and contravenes Article 29 (c) of the Constitution.
“The non-disclosure is unconstitutional because the suspect lost the right to legal representation and does not even have access to his relatives,” his lawyer Onyango told the court.
Suicide terror attack
Waiss Abdulaziz Mohammed was arrested on July 1 2017 on speculation that he would commit a suicide terror attack after he posted a message on his Facebook wall.
The June 28 2017 Facebook post in which he said, “… lets see if I get through Sunday….” set the ball rolling. He was detained for 30 days to allow for completion of investigations.
Wanjiku reiterated that the detention without a charge was a violation of her husband’s right of presumption of innocence.
Judge Ngenye Macharia will rule on the matter on July 21 2017.