Two Turkish nationals who were arrested following a gun drama involving a county governor and his driver in Kilifi County have been charged before a Mombasa court with terrorism-related offences, illegal possession of a firearm and assault.
One of the suspects, Osman Erdinc Elsek, was arraigned before Senior Resident Magistrate David Odhiambo and charged with being a member of a terrorist group, contrary to Section 24 of the Prevention of Terrorism Act, 2012.
According to the charge sheet, on an unknown date and time within the Republic of Kenya, Elsek was found to be a member of Harakat Al Shabaab Mujahideen, a proscribed terrorist group.
He was also charged with collecting information for use in the commission of a terrorist act, contrary to Section 29 of the Prevention of Terrorism Act, 2012.
The prosecution told the court that Elsek was found in possession of a Samsung Flip 7 mobile phone allegedly containing video recordings collected for use in the commission of a terrorist act.
The offence is said to have been committed on January 14, 2026, at about 5.23pm at the Anti-Terrorism Police Unit (ATPU) Mombasa police station.
In another count, he was charged with possession of an article connected with the commission of a terrorist act, contrary to Section 30 of the Prevention of Terrorism Act, 2012.
Elsek was further charged with possession of a firearm, contrary to Section 89(1) of the Penal Code.
It is alleged that on January 12, 2026, at about 8pm at Majengo Kanamai area in Kilifi South, Kilifi County, he was found in possession of a Glock pistol in circumstances that raised suspicion it was intended to be used in a manner prejudicial to public order.
His co-accused, Gokmen Sandikci, was charged with consorting with a person in possession of a firearm, contrary to Section 89(2) of the Penal Code.
The prosecution said Sandikci was found in the company of Elsek, who was allegedly in possession of the illegal pistol.
The two are also jointly charged with assault and causing actual bodily harm, contrary to Section 251 of the Penal Code.
The charges stem from an incident that occurred about two weeks ago in the Kanamai area of Kilifi South.
The court heard that a vehicle being driven by one of the Turkish nationals allegedly cut into a convoy of ODM leaders who were travelling from Vipingo to Moi International Airport, Mombasa, after attending a Central Committee meeting.
The vehicle allegedly hit the governor’s car from behind.
When the governor’s driver stepped out to inquire about the incident, one of the suspects allegedly drew a gun and slapped him.
It was further alleged that when the governor also alighted from his vehicle, he was punched by the same gun-wielding foreigner.
Some of the ODM leaders, including a senior Member of Parliament and another governor who were in the convoy, witnessed the confrontation, which drew a crowd and lasted several minutes.
The defence team, led by lawyers including Cliff Ombeta and John Khaminwa, strongly opposed the charges, describing them as defective and incomprehensible.Cliff Ombeta told the court, “We cannot allow our clients to plead to charges that even we lawyers cannot comprehend.” He added that the state failed to specify details: “We are told that our clients are members of Al-Shabaab, but we ask where and on what dates they were involved.”
Principal Prosecution Counsel Barbara Sombo urged the court to direct the two accused persons to provide sureties, arguing that they are foreigners with no fixed abode. She further asked the court to order the accused to deposit their passports with the court pending the conclusion of the case and sought a pre-trial date to allow the prosecution to supply witness statements and other documentary evidence.
In earlier proceedings related to detention, the defence had challenged the escalation from a traffic incident to terrorism allegations. Cliff Ombeta argued against extended custody: “Why do they need our clients in custody while they wait to receive the reports. When the prosecution comes to you, they must file what they have already done and tell the court why they need more time. The claim that they are getting difficult getting documents from agencies has nothing to do with our clients.”
The prosecution countered that the suspects’ significant financial resources justified caution.
State prosecutor Barbara Sombo had previously applied for extended detention, stating: “We seek an extension of 14 days to detain the respondents to allow the investigators obtain forensic report from the laptops and phones of the respondents .” She added, “We have been informed they have financial muscle running into billions and we are investigating financial funding of terrorism.”_
Magistrate Odhiambo ordered Elsek to be released on a Sh1 million bond with a surety of a similar amount and one Kenyan contact person.
Sandikci was granted a Sh500,000 bond with an alternative cash bail of Sh200,000.
The matter will be mentioned for pre-trial on February 19, 2026
