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The High Court in Mombasa has acquitted Haniya Sagar, wife of slain Islamic preacher Aboud Rogo of her 10-year sentence issued in February 2018.

Haniya had been sentenced by a Magistrate Court alongside three other people for terror-related offences.

Justice Dora Chepkwony in her ruling said the trial magistrate erred when she convicted Haniya on circumstantial evidence.

“The circumstantial evidence was weak and could not warrant her conviction. I, therefore, set aside her sentence,” Justice Dora said.

Haniya had appealed the sentence which she termed unlawful and unfair.

The widow together with Zamzam Abdi and sisters Luul Ali and Nasteho Ali were charged in 2016 with aiding terror activities and failing to give information which would have stopped the commissioning of a terror attack.

Read: Rogo’s wife charged with failing to inform police of Mombasa attack

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They were accused of aiding three slain terrorists to attack the Central police station in September 2016

The slain terrorists included Tasnim Farah, Ramla Hussein and Maimuna Abdirahman.

Judge Chepkwony noted the entire evidence adduced before the court had loopholes which the trial magistrate ought to have looked into.

She said there was no link between Haniya and the alleged slain terrorists.

“There was no telephone transcripts from service providers showing that Haniya was in communication with the slain suspects and that the magistrate went ahead to convict the appellant on verbal testimony by the witnesses,” she said.

She said the magistrate’s ruling that Haniya had prior knowledge of the impending attack was farfetched and there was no evidence to prove that.

Also read: Now widow of slain preacher Rogo sentenced to 10 years

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