High Court orders a fresh trial before a different magistrate, ruling that the transfer will protect public confidence in the proceedings. Elsek faces terrorism, firearms, and assault charges following a January road-rage confrontation involving Wajir Governor Ahmed Abdullahi.
The terrorism case against Turkish billionaire and refugee Osman Elsek will start afresh after the High Court ordered a change of magistrate.
Justice Wendy Micheni directed that the case be transferred to another magistrate at Mombasa Law Courts.
The fresh trial will take place before a magistrate other than Senior Resident Magistrate David Odhiambo.
Elsek had challenged Odhiambo’s continued handling of the case, which began with plea-taking and detention applications.
In her ruling, Justice Micheni ordered the Mombasa Chief Magistrate to allocate another magistrate.
“Mombasa Chief Magistrate’s Court Criminal Case No. E220 of 2026 shall be heard and determined by a magistrate other than Hon. David Odhiambo, SRM,” she ruled.
The judge further directed that proceedings commence afresh before the newly appointed magistrate.
Fair Trial Concerns
Justice Micheni clarified that the decision did not amount to criticism of Odhiambo’s conduct.
She said she had no reason to doubt the magistrate’s good faith.
The transfer, she explained, would protect confidence in the fairness of the proceedings.
“It is an order made so that the trial, whatever its outcome, is conducted in circumstances in which its fairness cannot reasonably be questioned,” Justice Micheni said.
The ruling followed an application by Elsek’s legal team seeking to move the proceedings.
His lawyers had initially sought to transfer the case to Kilifi County.
They argued that Mombasa Law Courts lacked territorial jurisdiction because the alleged incident occurred in Kikambala, Kilifi County.
Governor Slapped
The criminal proceedings stem from a road-rage confrontation involving Wajir Governor Ahmed Abdullahi in January 2026.
According to lawyer Cliff Ombeta, the confrontation began on January 12, 2026.
He told the court that Elsek’s Toyota Land Cruiser V8 Prado was struck by another vehicle.
The vehicle was reportedly carrying Governor Abdullahi, who was being chauffeured at the time.
Ombeta said the governor’s vehicle sped away after the collision.
Elsek allegedly pursued it before intercepting it in Mtwapa, Kilifi County.
A confrontation reportedly followed, during which Elsek allegedly slapped the governor.
Elsek and his Turkish compatriot, Gokmen Sandikci, were arrested on January 13, 2026.
They were subsequently arraigned and detained for 21 days as investigators pursued their inquiries.
Terrorism Charges
Elsek was subsequently charged with membership of Harakat Al Shabaab Mujahedeen, a terrorist organisation.
The prosecution also accused him of possessing radical materials and a firearm.
One charge alleged that on January 14, 2026, at approximately 5:23pm, he possessed a Samsung Flip 7 phone.
The phone allegedly contained four video recordings, including one dedicated to Osama bin Laden.
He also faced a firearm charge involving a Glock pistol.
Prosecutors alleged that the circumstances surrounding its possession raised reasonable suspicion of intended use against public order.
Both Elsek and Sandikci faced charges of assaulting and causing actual bodily harm to Boniface Katana.
However, Elsek’s lawyers strongly challenged the prosecution’s case and the circumstances surrounding their clients’ arrests.
Defence Pushback
Senior counsel John Khaminwa described the prosecution as frivolous and an affront to justice.
He questioned the decision to combine terrorism allegations with ordinary assault charges.
Khaminwa argued that terrorism offences should be prosecuted separately because of their international implications.
He also challenged the legality and substance of the charges facing Elsek.
“I seek to quash all the charges, including being a member of terrorism, collection of materials, being in possession of articles linked to terrorism, and possession of a gun,” Khaminwa told the court.
He further alleged that the accused were arrested without being informed of the specific offences.
Khaminwa said they had not been given cautionary statements before their detention.
He accused investigators of constructing the case while the two men remained in custody.
The lawyer also threatened legal proceedings against the Attorney General over what he termed wrongful prosecution.
He alleged that Elsek and Sandikci were being targeted because they were white refugees.
The defence separately sought the release of Elsek’s property, including a logbook for the V8 Prado.
The vehicle reportedly belongs to his company, Diamond Trust.
However, senior prosecution counsel Barbara Sombo opposed transferring the case to Kilifi.
She accused the defence of forum shopping and deliberately delaying the proceedings.
Sombo argued that Mombasa was the appropriate venue because the accused had been held by the Anti-Terrorism Police Unit.
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She dismissed the application as a disruption of proceedings before a competent court.
“The application is a delay tactic and disruption of a case before a competent court,” Sombo argued.
With Justice Micheni’s directions, the case will now return to the Mombasa Chief Magistrate for reassignment.
The new magistrate will hear the proceedings afresh, independently of the previous magistrate’s handling.
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