Abukar Omar Aden appeared in a Nairobi court Thursday with his son. The two were arrested earlier this month as they attempted to cross into Kenya from Somalia.
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Through his lawyer, Aden argued that he should be given protection of the law because he was fleeing for his life. His son argued he had a visa and was in the country legally.
The wheelchair-bound Aden is believed to have been a major source of funding for the Islamic Courts Union. Militias loyal to the union took over much of central and southern Somalia last year and imposed a strict form of sharia law in areas under their control.
Forces from Somalia's transitional government and Ethiopian troops pushed the Islamists from their strongholds in a December offensive.
Aden is the former owner of the Ramadan Hotel in the Somali capital, Mogadishu, and ran the El-Maan port there as well. He and his son are scheduled to be back in court Monday.
Some information for this report was provided by AFP and AP.