Three men suspected of being behind a plot to kidnap two Chinese nationals in Mandera County in March have been denied bail.

The three are Bulla Pawa Sub Location Assistant Chief Yusuf Malim, Noor Yakub and Isaq Cabdi, a Somalia national.

They were arraigned at the Kahawa Law Court, facing charges of being members of a terror group and planning a terrorist act. Malim, Yakub and Cabdi denied the charge on March 29.

The Chinese nationals were working for Sinohydro Corporation Limited at a sewerage construction site.

“In the end, therefore, I hereby differ the issue of bail and bond in respect of the accused persons for a period of thirty (30) days to allow for the prosecution to conclude disclosures,” said Kahawa Magistrate Gideon Kiage in his ruling.

Investigations by the Anti-Terrorism Police Unit (ATPU) showed that Malim drafted a letter of introduction to the Mandera County Registrar of Persons claiming that Cabdi was Kenyan, yet he is not.

The prosecution, led by Dancun Ondimu and Stephen Machira, was able to produce evidence that Cabdi had a waiting card, which was obtained fraudulently.

Ondimu said that if freed, the suspects could interfere with investigations, citing a March 14, 2025, raid by the Somalia National Intelligence Service Agency (NISA) on Kenya Police Reservists manning the border between Kenya and Somalia.

Cabdi, while in court on March 29, said that a raid by 20 NISA officers on the reservists’ base was to rescue him.

The NISA attack led to the death of Dennis Omari, while Wright Mokua sustained serious injuries.

Investigations showed that the raid was planned and led by Cabdi’s brother, who works for NISA, to rescue him by kidnapping a Kenyan officer to force the government into negotiations for a swap deal.

ATPU officer Kennedy Karanja, in his affidavit, said that there was a reasonable apprehension that if released on bail, the 1st accused (Cabdi) would interfere with the hearing of this case.

“It is worth noting that the attack was carried out on Kenyan Security agents in relation for the arrest of the 15 accused person is not contested. It is also not in contest that during the said attack a police officer lost his life and another were seriously injured and also two firearms were lost. This is a serious matter which the defence does not deny,” said Magistrate Kiage.

He said that he was persuaded that the arrest and prosecution of the suspects was not baseless.

The ATPU officer said that owing to the seriousness of the offences for which the accused persons are charged, it may serve as an inducement to flee, hence they pose a flight risk.

The officer said that the associates of the three suspects were still at large, and if freed, they could interfere with the investigation.

Karanja added that the activities of Malim, Yakub and Cabdi and their co-conspirators pose a great risk to national security and public safety, adding that Malim holds a position of influence which may interfere with the probe.

Cabdi, in his address to Magistrate Kiage, asked to be freed on bond and repatriated to Somalia.

He confirmed the identity of the attackers, saying they were NISA officers who were out to rescue him and that they were not bad people.

Cabdi had told Magistrate Kiage that the NISA officers could even stand in as his surety if he were to be granted bail.

Yakub, on his part, said that he was not a terrorist and sought to be freed on bail, saying that he could not flee since he is a Kenyan.

“I need freedom…I am a human being, I need a favour, I am not an animal or a terrorist, I am a Kenyan,” added Yakub.

He added that he loves Kenya, has a family here, and would attend court when required.

Lawyer Chacha Mwita, who is representing the administrator, said that his client had not met Cabdi until their appearance in court.

Mwita added that by the time of his arrest, Malim had, in a March 18 letter to the area Deputy County Commissioner, sought 14 days off duty from March 24, for official duty at ATPU headquarters in Nairobi.

The lawyer said that it indicates that his client has no plans to leave the country or skip the trial.

He alleged that two employees at the National Registration Bureau (NRB) sneaked Cabdi’s name into a document of ID applicants that was to go through Malim.

“He was set up, and he is a victim of circumstances,” said Mwita.

He said that Cabdi admitted to paying Sh50,000 to the NRB employees to sneak his name, and this set up his client.

He said that Malim had cooperated with the police and that he should not be penalised because he comes from a border county.

In the end, Magistrate Kiage said that Ondimu and Machira had presented compelling reasons to limit the accused person’s rights.

“The limitation, however is only to remand for the period as may be necessary for them prosecution to conclude disclosures, that is to have captured the evidence of potential witnesses and preserve any other evidence that they intend to rely upon.”