Kilif-based Turkish billionaire wants terror charges against him dropped
Crime and Justice
By
Joackim Bwana
| Apr 09, 2026
Senior veteran lawyers John Khaminwa and Cliff Ombeta want the terrorism and assault case against Turkish billionaire Osman Elsek transferred to Kilifi Courts.
The lawyers said that Mombasa Law courts lacks jurisdiction to prosecute the matter since the alleged incident happened in Kikambala Kilifi County and not Mombasa.
Khaminwa, Ombeta and Daniel Wamotsa are representing the controversial Turkish billionaire Osman Elsek and his countryman Gokmen Sandikci.
Elsek who is a refugee in Kenya has been charged with being a member of a terrorism group, gun possession and assault charges while Sandikci is charged with consorting with an armed person (Elsek).
In their application, Ombeta applied to have Senior Resident Magistrate David Odhiambo transfer the case to any court in Kilifi.
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Ombeta said that Elsek was only charged with terrorism because of slapping Wajir Governor after an road rage following a road accident where Elsek's V8 Prado was hit by a vehicle carrying the Wajir Governor
On his part, Khaminwa called the entire trial of Elsek frivolous and a mockery of justice citing bias of the state over Elsek's prosecution.
Khaminwa said there is no where in law including international law that a terrorism charge is read together with assault or any other charges.
He said the chargesheet of terrorism before the court is scandalous because terrorism charges should stand alone because it touches on an international offense.
"I seek to quash all the charges including being a member of terrorism, collection of materials, being innpossesion of articles linked to terrorism and possession of a gun. Terrorism is such a serious offense that it attracts international collaboration," said Khaminwa.
Khaminwa said 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," said Khaminwa.
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 refugess.
The lawyers also filed an application before Justice Wendy Micheni seeking to recover Elsek's possession including a logbook of the V8 Prado belonging to his company Diamond Trust.
Justice Micheni ordered that the trial file before Odhiambo be availed before her court.
"The application dated February 26 2026 be served by electronic means upon the
Mombasa- ODPP and DCI offices as well as the DR- Mombasa High Court, for compliance purposes, by close of business February 27 2026. The trial court record in Mombasa/MCCR/E220/2026- REPUBLIC VS OSMAN ERDINC ELSEK & GOKMEN SANDIKCI be uploaded onto the CTS and availed by the DR Mombasa High Court by March 5 2026," said Justice Micheni.
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.