A Kahawa Law Court in Kiambu Friday suspended the bond terms of a suspect believed to have illegally obtained Kenyan registration documents.
Principal Magistrate David Kiage ruled that the allegations against the suspect Abdirizak Mohamed Hassan, that he has been sending threats to the key prosecution witness in the case cannot be taken lightly.
The court said that although Abdirizak has a right to enjoy his bond terms, the alleged threats orchestrated against the witness whom allegedly he purported to be his mother in an attempt to dupe the civil registration offices that he was indeed born in Kenya cannot be overlooked by the court.
The court said that in balancing both the prosecution and the defence submissions, it would be prudent that the suspect remains in police cells until the key prosecution witness testifies in court before the suspect could resume his bond terms.
“This court can therefore not simply disregard the alleged interference of witnesses and in order to balance the competing rights of the accused person and the administration of justice, this court orders that the bail and bond terms that were granted to the accused person are hereby suspended until the evidence of the witness in question is taken,” Kiage ruled.
In the case, Abdirizak was charged with the offence of personation where the prosecution alleged that he stole the identity card of a woman and used it to secure the certificate of birth which indicated that he was her son a fact which was false.
He was also charged with obtaining registration by false pretences where it is alleged that he registered an identity card using the details of an unsuspecting couple pretending to be their son.
In the application, the court heard that Athara Abey Ali, the complainant, was called by Abdirizak, who directed her to meet him at Moonlight Hotel in Nairobi.
He is then alleged to have threatened her of dire consequences if she does not cease to testify against him before the court in the criminal proceedings 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 for any amount of money on condition she withdraws as a witness in the matter.
After the meeting and severe threats by the accused, Abbey recorded a statement with the police that Abdirizak was purporting to be her son.
The accused 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 know him before.”
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 denied the charges and was out on cash bail.
The court ordered he be detained at Muthaiga police cells.
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