Terrorism case against Turkish billionaire to start afresh

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The High Court in Mombasa has ordered a fresh start of a terrorism case against Turkish billionaire and refugee Osman Elsek who allegedly slapped Wajir Governor Ahmed Abdullahi in a road rage incident in January 2026.

Justice Wendy Micheni directed that the case begin afresh before a different magistrate other than Senior Resident Magistrate David Odhiambo.

Elsek applied for the matter to be transferred from Odhiambo, who initially presided over the plea taking and miscellaneous applications for their detention.

“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, to be allocated by the Chief Magistrate, Mombasa Law Courts, and the trial shall commence afresh before that magistrate,” said Justice Micheni.

The judge said that the order for transfer is not a personal censure on the learned magistrate, whose good faith she doubted not.

“It is an order made so that the trial, whatever its outcome, is conducted in circumstances in which its fairness cannot reasonably be questioned,” said Justice Micheni.

Osman was charged with being a member of the Harakat Al Shabaab Mujahedeen terrorist group.

It alleged that on January 14 2026 at about 1723 hours, at ATPU Mombasa Police Station, Elsek was found in possession of a Samsung Flip 7 mobile phone containing four video recordings, including one dedicated to Usamah bin Ladin.

He was charged with possession of a Glock pistol in circumstances raising a reasonable presumption that it was intended to be used in a manner prejudicial to public order.

Elsek and Sandikci were charged with assaulting and causing actual bodily harm to Boniface Katana.

According to Elsek’s lawyer Cliff Ombeta, what began as a road rage on the night of January 12, 2026, with Wajir Governor allegedly being slapped, quickly spiraled into a terrorism charges and terrorism financing claims.

Ombeta said that on the material day, Osman’s V8 Prado was hit by a motor vehicle in which Governor Abdullahi was being chauffeured.

The lawyer said the car ferrying the governor sped off prompting Elsek to give chase, and upon cornering it in Mtwapa, Kilifi County, a confrontation ensued which led to Abdullahi allegedly being slapped by Elsek.

Elsek and his countryman Gokmen Sandikci were arrested on the January 13, 2026 and arraigned in court where they were detained for 21 days pending investigations.

Elsek was later charged with being a member of Harakat Al Shabaab Mujahedeen terrorist group, assault and being in possession of radical materials and a fire-arm.

Elsek’s lawyers John Khaminwa, Ombeta and Daniel Wamotsa applied before Justice Micheni to have the terrorism and assault case transferred to Kilifi.

The lawyers said that Mombasa Law Courts lack jurisdiction to prosecute the matter since the alleged incident happened in Kikambala Kilifi County.

In their application, Ombeta applied to have SRM Odhiambo transfer the case to any court in Kilifi.

Khaminwa termed the entire trial of Elsek frivolous and a mockery of justice citing bias of the state over Elsek's prosecution.

Khaminwa said there is nowhere in law including international law that a terrorism charge is read together with assault or any other charges.

He argued that the charge sheet of terrorism before the court is scandalous because terrorism charges should stand since it touches on an international offense.

"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. Terrorism is such a serious offense that it attracts international collaboration," said Khaminwa.

Khaminwa claimed that Elsek and Sandikci were never informed of what charges they were being arrested for and there was no cautionary statement.

"They have not received a fair hearing before you. When they came there was no cautionary statement. The entire case was constructed when they were in custody. When arresting a person they must be informed what they were doing. They were innocent and not informed of their mistake," he said.

He said they intend to commence a serious petition against the Attorney General (AG) for a wrongful prosecution of Elsek and Sandikci for being white and refuges.

The lawyers also filed an application before Justice Micheni seeking to recover Elsek's possession including a logbook of the V8 Prado belonging to his company Diamond Trust.

However senior prosecution counsel Barbara Sombo opposed the transfer of the case terming it as forum shopping.

Sombo the accused were brought under the custody of ATPU based in Mombasa.

"The application is a delay tactic and disruption of a case before a competent court," said Sombo.