The impending arrest of Mombasa County Lands and Urban Planning Executive Mohamed Hussein appears imminent after the High Court ruled that his protective anticipatory bail would not be extended beyond October 9, 2024. Hussein faces serious accusations, including facilitating the gang rape of a local blogger.
High Court Judge Wendy Waeni, who is handling the case, emphasized that the anticipatory bail orders shielding Hussein from arrest—granted against the Directorate of Criminal Investigations (DCI), the Inspector General of Police, and the Director of Public Prosecutions—would not be extended any further.
“I must resolve the application currently before my court. This is the last extension I will grant for these orders,” stated Justice Waeni during the hearing. She also clarified that the investigative authorities remain free to summon, question, and pursue their case against Hussein, directing him to cooperate with any DCI summons.
“The orders do not prevent the police from summoning, prosecuting, or recording the suspect’s statements as part of the ongoing investigation. It is the applicant’s responsibility to comply with these summons,” she added.
The case was mentioned in court to determine whether the respondents had responded to Hussein’s application. Hussein first sought court protection on September 27 after receiving a summons from Mombasa County Criminal Investigating Officer James Leila. The summons are related to allegations of cyber harassment and his alleged involvement in the abduction and gang rape of a blogger based in Mombasa.
According to detectives, Hussein, along with four other individuals—including senior Mombasa County government officials—is being investigated for cyber harassment under Section 27 (1)(b)(c) of the Computer Misuse and Cybercrime Act of 2018. He is accused of orchestrating a coordinated campaign to instil fear, commit violence, and harm the victim.
In his affidavit, Hussein has strongly denied the allegations, claiming his potential arrest is politically motivated. He accused the DCI of planning to detain him on what he described as “fabricated charges” of cyber harassment. “I fear that the police, acting under external influence, are intent on arresting me on politically charged grounds,” Hussein stated in his court filings.
The Law Society of Kenya (LSK) has also joined the case as an interested party, signalling the growing public interest and complexity surrounding the matter. The case will be mentioned again on October 9, when further directives are expected.
