A businessman believed to have received over sh100 million to finance terrorism has shifted the blame to telecommunication giant Safaricom mobile service network.
In a replying affidavit filed before a Nairobi court by Abdinoor Maalim Osmail who is also a law student has denied claims by police that he has been financing terrorists especially those linked to Dusit D2 hotel terror attack on 14 Riverside Drive, Nairobi on January 15, 2019.
Abdnoor reiterate that he only have aggregated Mpesa tills issued by Safaricom and has no directly owned tills.
“Regarding directly owned tills, the directors and management of the company issues to the tills by Safaricom have control over tills and hence liable for any wrong doing emanating from operations of the till. I have no directly owned tills,” says Abdinoor.
The suspect further argues that subcontracted tills, Safaricom PLC upon entering a contract allows his client to issue Mpesa tills to the third party for consideration of 20 percent commission.
“The allegations that l have received shillings 100 million is thus baseless and the same borne out of lack of appreciation of how these tills work,” says the suspect in his court papers.
He says the tills are in the hands of third party and the only entity that is cable of disclosing transaction is Safaricom PLC.
“Am engaged in Mpesa business and i have contract with Safaricom PLC which allows me to sublet tills to third parties (subcontractors,” says the suspect.
He argues his continued detention on the basis of information which is in possession Safaricom PLC and third parties is unreasonable, rational and unjustifiable by any standard.
He says that in the above mode of ownerships he has limited rights and control if the day to day to operation of the tills for the reason that Mpesa outlet (shops) are independently run and owned by third parties.
” It is not true that i have registered several Mobile numbers and the allegation is borne out of ignorance or lack of appreciation on investigators of how tills operate. Rather, i have Mpesa tills registered by Safaricom PLC for purpose of carrying out Mpesa business, ” added Abdinoor.
He claims that he is a cash merchant and sublet the tills to aggregated merchants who are charged with responsibility of receiving deposits and giving withdrawals from Mpesa users.
” That each till issued to a third party can transact shilling one million daily hence the alleged shilling 100 million may as while be ordinary and lawfully transactions by third party subcontractors who i have issued and operates aggregated tills and the only i can know any wrong doing by a third party is through notification by Safaricom PLC which notification i have received, ” claims Abdinoor.
The suspect, a father on one is urging the court to release him on bail pending the probe by the police.
“That if prayers for 30 days is granted to the applicant ( Anti-Terrorism Police Unit) , am likely to miss admission dates as an advocate at Kenya School of Law which is prejudicial and huge setback to my career,” claim Abdinoor.
He further says that since he was arrested on January 21 at his residence at South B the investigator have since not disclosed to him which specific till or sub agents that received over Sh 100 million to enable him know the nature of the allegations.
Abdinoor is among six suspects arraigned in court on this weeks with the state seeking orders to have them detained at any police station within the country fkr a month to enable police complete investigations over terrorism related offences.
He strongly opposes the application by prosecution to detain him for 30 days saying the same is unjustifiable since his phone is police custody and the alleged analysis and investigation can be conducted while he is out of police custody.
The suspect also claims he is not at flight risks as police officers are holding all his travel documents and is willing to present himself before and all investigating agencies over the matter.
“Am not flight risks, i have a fixed bond , a family and business in Nairobi and willing to abide by bail term that may be imposed by the court,” added Abdinoor.
Police claim that the are investigating the suspects over involvement of Money laundering and funds believed to be for purposes of terrorism.
Abdinoor is being investigated alongside Hassan Abdi Nur, Ismael Sadiq Abitham , Ali Khamidi Ali, Abdullahi Muhumed Hassan and Sophia Njoki Mbogo (Diamond Trust Bank Manager).
The application will be heard on Monday by Milimani Principal Magistrate Martha Mutuku
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