Two Turkish nationals, Osman Erdinc Elsek and Gokmen Sandikci, were released on bond by a Mombasa court Tuesday after pleading not guilty to multiple charges related to terrorism and other offences.
Senior Resident Magistrate David Odhiambo granted Osman Erdinc Elsek a bond of Sh1 million with a similar surety, while Gokmen Sandikci was released on a bond of Sh500,000, or cash bail of Sh200,000 with surety.
Osman Erdinc Elsek faced six counts, including membership of a terrorist group contrary to Section 24 of the Prevention of Terrorism Act, 2012 (POTA).
He is accused of being a member of Harakat Al-Shabaab Mujahideen.
Other charges are collecting information contrary to Section 29 of POTA; possession of an article connected with the commission of a terrorism act contrary to Section 30 of POTA; possession of a firearm contrary to Section 89(1) of the Penal Code; consorting with a person in possession of a firearm contrary to Section 89(2) of the Penal Code; and assault causing bodily harm contrary to Section 251 of the Penal Code.
Gokmen Sandikci faced two counts, being the fifth and sixth charges relating to consorting with a person in possession of a firearm and assault causing bodily harm.
The defence team, led by senior counsel Dr. John Khaminwa and Cliff Ombeta, successfully argued for reasonable bail terms.
Dr. Khaminwa told the court that Osman Erdinc Elsek, a registered refugee in Kenya under the 1951 Refugee Convention, had adopted the country as his home and faced danger if returned to Turkey.
He stated that the accused had made significant investments in Kenya and posed no flight risk.
Dr. Khaminwa further submitted that detaining the accused for an extended period violated constitutional provisions limiting pre-trial custody, noting that his client had already been held for more than 23 days, contrary to the law.
He urged the court to consider the importance of foreign investment to Kenya’s economy and avoid terms that could discourage investors.
Ombeta supported the plea, calling for fair and achievable bail conditions that would not effectively amount to denial of bail.
The prosecution had opposed lenient terms, arguing that as non-Kenyans, the suspects required strict conditions, including a passport deposit to ensure traceability and prevent interference with ongoing investigations.
The pre-trial proceedings in the case are scheduled to begin on February 19, 2026.
Speaking to reporters outside the court after the proceedings, defense lawyer Ombeta dismissed the terrorism charges against the two Turkish nationals, terming them completely false and fabricated.
He claimed the accusations were framed by powerful individuals.
By Sitati Reagan and Ramadhan Nassib
