The prosecution wants a bond given to a Somali national accused of personation be canceled.
Abdirizak Mohammed Hassan is also accused of sending threats to the key witnesses and the complainant who he purports to be his mother.
State prosecutor Kennedy Kamau Tuesday February 18 urged Kahawa Principal Magistrate David Kiage to cancel the bond terms of Abdirizak Mohammed Hassan for threatening the main witness and the complainant in the case of personation.
While submitting to the court to consider his application, Kamau said the acts of the accused are a violation of the bond terms.
“Your honour, the actions of the accused tend to jeopardise the proceedings of this case by contacting and threatening to harm the complainant it she fails to recuse herself in the matter,” Kamau said.
Kamau told the court 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.
Abdirizak’s lawyer, however, asked the court to reject the application by the prosecution, claiming it lacks merit for the cancellation of the accused’s bail terms.
“I urge this court to dismiss the application by the prosecution because no proof was produced in court that there was a meeting between the accused and the complainant,” the lawyer stated.
He insisted that there was no CCTV footage, timing of the meeting or anything else to prove the allegations by the complainant and referred to the same as mere allegations.
He added that the accused person denied to have called and having a meeting with the complainant.
Abdirizak was charged with personation after he allegedly stole Abbey’s identity card and used it to secure a birth 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 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 is out on cash In determination, the magistrate directed the officer Investigating the matter to supply the remaining set of documents within two weeks.
“Orders to supply the remaining documents to the respected parties is hereby issued and the same to be done within two weeks,” the magistrate directed.
The court will make a ruling on the application on March 7, 2025.
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