The prosecution has requested the court to grant them 30 days to obtain statements from two witnesses who were to testify against a Somali national charged with obtaining registration by false pretences.
The matter came up for mention before the Kahawa principal magistrate Gideon Kiage for the purpose of disclosure of information by the prosecution where they supplied only the pre-bail report against Abdirizak Mohammed Hassan the accused person in the matter.
The case took a drastic turn on March 13, 2025, when the complainant Athara Abey Ali failed to appear in court to testify despite the magistrate temporarily suspending the bond terms of the accused person until she testifies.
According to the lawyer who represented the complainant whom addressed the court virtually said that Abey is willing to change her initial statement produced before the court without explanation in to details,
“Your honour my client is not present in court and she is willing to change her statement which she recorded and we pray for the court’s directions,” the lawyer submitted.
The magistrate reinstated the bond terms that was initially granted and released the accused.
State prosecutor Kennedy Kamau had prayed the court to cancel the bond terms granted to the accused person for threatening the main witness and the complainant in the case of impersonation.
In convincing the court, the prosecutor submitted that the acts of the accused person has gone against the rules which were given to him by the court,
“Your honour the actions of the accused tends to jeopardize the proceedings of this case by contacting and threatening to harm the complainant if she fails to recuse herself in the matter,” Kamau pleaded.
He also submitted that Athara, the complainant in the matter was called by the accused where he directed her to meet at Moonlight Hotel in Nairobi.
In that meeting the accused threatened the complainant of dire consequences if she don’t cease to testify against him before the court in the criminal proceeding against him.
Abdirizak who did not deny to have used her identity card to secure the registration of the certificate of birth, told her to ask any amount of money and he would give but to withdraw as a witness in the matter.
After the meeting and severe threats by the accused, Abbey proceeded and reported the matter and recorded a statement that Abdirizak purported to be her son.
The defence lawyer prayed the court to reject the prayers by the prosecution claiming it lacks merit for the cancellation of the accused’s bail terms,
“Your honour I urge this court to dismiss the application by the prosecution because no proof that was produced in court that there was a meeting between the accused and the complainant,” the lawyer stated.
He added that the accused person denied to have called and having a meeting with the complainant.
The accused was charged with the offence of personation where he stole the identity card of Abbey and used it to secure the certificate of birth which indicated that he is her son a fact which was false.
He was charged with obtaining registration by false pretences where he registered an identity card using the details of an unsuspected couple pretending to be their son.
The purported parents were Mohamed Hassan and Athara Abey Ali the father and mother respectively.
During Investigations in the matter, Abey the purported mother was interviewed and recorded her statement that “the accused person Abdirizak Mohammed is not my son nor did i knew him before,” read part of the statement.
She also stated that she had only three daughters in her life, one who is deceased and lived with two in Eastleigh this disputing the allegations by the accused that he is her son.
Further she confirmed that she lost her first identify card in Eastleigh and reported the same to the police and applied for a new one which she is currently holding.
Abdirizak is suspected to have used the purported mother’s lost identity card to fake birth and death certificates in order to apply for a Kenyan passport which is still under verification thus also submitting false documents during application.
He is still under Investigations of several fraud offences against him.
He had denied the charges and is out on cash bail of Ksh 150,000.
The matter will be mentioned on May 12, 2025.
