The Kenya Airways employee who was suspended over the China Southern plane that landed at JKIA has moved to court seeking orders restraining the police from arresting, arraigning and/or charging and prosecuting him as a terrorist.
Gire Ali, a security assistant agent at KQ is also seeking an order suspending and/or staying the letter by KQ suspending him until the case is heard and determined.
Through lawyer Danstun Omari, the petitioner claims that the charges preferred against him arise out of an alleged act of video recording of China Southern Airline Aircraft at Jomo Kenyatta International Airport and circulation of the video clip on social media on 26th February 2020.
The petitioner says that on 26th February 2020, while in his line of duty, he witnessed the landing of the said Aircraft at the Jomo Kenyatta International Airport which was contrary to communications by Kenya Airways that the flights from China had been suspended from landing in Kenya due to the outbreak of Corona Virus.
According to Gire, he left work after his shift was over at 9:30 AM and went for a two days rest but on the same day, between 2:00 PM and 3:00 PM he received a call from unknown persons being informed that he was urgently needed for questioning at the Kenya Airways corporate investigations offices.
The applicant says he failed to show up since they never indicated the reasons for him being summoned nor the subject of the questioning and later received a call indicating that if he failed to show up by 6:00 PM, they would come for him since they had all the details regarding him and they had his current live location.
Out of fear for his life and caution, I rushed to Kahawa Wendani police station, where he reported the matter and requested to be put into safe custody since my life was in danger,” says Gire.
He avers that however, the policemen refused but gave him their contacts to contact them in case of anything.
Gire allegedly went to Kenya Airways corporate investigations offices where he was questioned starting from 11:00 AM to 5:00 PM, and during the questioning he was being threatened, especially by Head of Corporate Security, Kenya Airways, Bernard Oganga, who intimated that according to his ethnicity he is a terrorist and that they would involve the Anti-Terrorism police in the matter.
He says officials at the airport further went ahead to inform him that they had surveillance on him and that they knew where he was on the 26th February, 2020 and that they are aware of his movements by use of UFED analyzer and cellebrite analytics which are operational techniques for spying used by Security Agencies (mobile forensic and digital intelligence).
He says his duties as an Assistant Security Agent include providing Security to various Aircrafts as Per the Airline, protection of the Aircraft, Passengers, crew, cargo, courier and company assets.
Gire says that after about 30 minutes or more after the plane landed, he saw five Chinese nationals come to the Airplane.
“They had Kenya Airports Authority Reflectors on and they did not identify themselves that they were from the Chinese Media House. However, they did not have cameras but instead used their mobile phones to take videos of the Airplane and photos as well. They also accessed the Aircraft cabin,” he narrates.