Nautte murder appeal: High Court says prosecution cannot seek conditions on defendants already acquitted

The High Court has ruled that it cannot impose conditional release requirements on Ibrahim Faih Nizam and Shirhan Ali, who were acquitted by the Criminal Court in the fatal stabbing of Mohamed Ahmed Didi (Nautte). The ruling leaves both men fully free while the State’s appeal continues.

Nautte was attacked inside the ‘Krasa’ shop on Muranga Magu, Maafannu, on February 24, 2023, at 21:28. He was stabbed multiple times by a group of men and died three days later, on February 27, while receiving treatment at IGMH. The case drew widespread public attention, with many believing the suspects were responsible.

After the Criminal Court acquitted both men in April last year, the prosecution appealed the verdict. In serious violent-crime appeals, the State often requests remand, arguing that the gravity of the offence and public-safety concerns justify detention while the appeal is heard.

The prosecution initially made that request. However, during hearings, it withdrew the remand motion and instead asked the High Court to impose conditions such as banning contact with the victim’s family, prohibiting further offences, and restricting travel. The prosecution argued that prolonged debate over detention could delay the appeal’s merits, and that conditional release would at least provide safeguards while the case proceeds.

The High Court refused.

A majority of the High Court bench held that there was no legal basis to impose conditions on individuals who have already been acquitted and are not under any form of custody. Justices Ismail Shafeeu and Ibrahim Mahir said the prosecution had withdrawn the only motion that would have placed the accused under court authority. Without custody, the court cannot impose restrictions.

The minority opinion supported imposing conditions, but the majority prevailed. As a result, both men remain fully free while the appeal continues.

The Criminal Court, presided over by Judge Ibrahim Ihusaan, had acquitted the pair after ruling that intentional homicide with a sharp object was not proven beyond reasonable doubt. The court cited gaps in witness testimony, lack of conclusive forensic linkage, and failure to meet the evidentiary threshold required for intentional homicide. 

Faih was located and arrested after police detained five individuals suspected of harbouring him while he was in hiding.