Courts
Prosecution granted 30 days to obtain statements from witnesses in personation suit
The case took a drastic turn on March 13 when the complainant Athara Abey Ali failed to appear in court to testify
The prosecution has been granted 30 days to obtain statements from two witnesses who were to testify against a Somali national charged with obtaining birth registration by false pretences.
The matter came up for mention before Kahawa Principal Magistrate Gideon Kiage for the purpose of disclosure of information by the prosecution where they only supplied the pre-bail report against Abdirizak Mohammed Hassan the accused person in the matter.
The case took a drastic turn on March 13 when the complainant Athara Abey Ali failed to appear in court to testify despite the magistrate temporarily suspending Hassan’s bond until she testifies.
According to the lawyer, who represented Athara who addressed the court virtually, she is willing to change her initial statement produced before the court without explaining in detail.
“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 were initially granted and released Hassan.
State prosecutor Kennedy Kamau had asked the court to cancel the bond terms granted to him 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, was called by Hassan, who directed her to meet him at Moonlight Hotel in Nairobi.
In that meeting, he threatened her of dire consequences if she does not cease to testify against him in court.
Hassan, who allegedly 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 andthreats by the accused, Athara reported the matter and recorded a statement that he purported to be her son.
Hassan was charged with the offence of personation. The court heard that he stole the identity card of Athara and used it to secure the certificate of birth which indicated that he is her son a fact which was false.
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.
