Courts
Court suspends bond terms for man charged with personification for threatening witnesses
Abdirizak is suspected to have used purported mother's lost identity card to fake birth and death certificates in order to apply for a Kenyan passport
The Kahawa court has detained accused person who was charged with personation and forgery until the key witness who claims to be threatened by the accused testifies.
Kahawa principal magistrate Gideon Kiage ordered Abdirizak Mohammed Hassan be detained in custody until the complainant in the case and the key witness testifies.
While giving the ruling, the magistrate stated that the accused person has the right to liberty as granted by the constitution and the same can be denied if there exists compelling reasons adduced before the court,
“The matter before this honourable court is bailable and the accused person has the right to enjoy his liberty granted by the constitution,” the court noted.
The magistrate noted that the accused is alleged to threaten the complainant one Athara Abey Ali with dire consequences if she appears in court to give testimony against him.
By relying on the affidavit sworn by Wallo Otacho, the magistrate noted that no evidence produced before him as prove that there was threats by the accused but the court relied on the affidavit by the Officer investigating the matter,
“In order to deny the accused his right to liberty, there must be compelling reasons and in this circumstances the accused denied to threaten the complainant. Despite lacking prove, the court cannot set aside the allegations and say it is not proved,” he stated.
He proceeded to suspend the bond terms for the accused person until the key witness and the complainant in the matter gives her testimony. He ordered the accused to be detained in custody until March 11, 2025, when his terms will remain in course.
State prosecutor Kennedy Kamau had urged the court to cancel the bond terms of Abdirizak for threatening the main witness and the complainant in the case of impersonation.
While convincing the court to consider his application, the prosecutor submitted that the acts of the accused 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.
Kamau submitted before the court that the complainant in the matter, Athara was called by the accused where he directed her to meet at Moonlight Hotel in Nairobi.
The accused threatened to face dire consequences if she don’t cease to testify against him before the court in the criminal proceeding.
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.
Abdirizak 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, Athara was interviewed and recorded her statement stated that “the accused person Abdirizak 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 had denied the charges and is out on bond.
The hearing will commence on March 11.
