Written By Were Kelly
The acquittal of Abdihakim Saidi Jama by a Nairobi court on September 22, 2025, has prompted a serious legal challenge from the complainant, Ayni Hussein Mahammud, who alleges a miscarriage of justice and reports ongoing threats to her safety.
Presiding Magistrate R.M. Ndombi found Mr. Jama not guilty on all three counts he faced: obtaining a Kenyan national identity card by false pretense, giving false information to a public servant, and being unlawfully present in Kenya from 2011 until his arrest in April 2024.
The prosecution’s case had alleged that between March and June of 2011 in Isiolo County, Mr. Jama fraudulently obtained the ID by falsely claiming to be the son of a Kenyan woman, Fatuma Mohamed.
A central piece of evidence was the testimony of this woman, presented as Prosecution Witness No. 3, who reportedly disowned Mr. Jama in open court, stating her identification documents had been used without her consent.
In the wake of the verdict, the complainant’s lawyers, Abdullahi & Associates Advocates, took two decisive steps.
On September 29, 2025, they urgently petitioned the Office of the Director of Public Prosecutions (ODPP) to appeal the judgment, arguing that Magistrate Ndombi erred by failing to properly analyze what they termed “overwhelming” evidence.
This evidence reportedly included not only the witness’s disownment but also documents suggesting the accused had vied for a political seat in Somalia under a different name, Mohamed Hussein Noor, and multiple birth certificates presented by the defence which they claimed showed inconsistencies.
Subsequently, on October 1, 2025, the same law firm filed a formal complaint against Magistrate Ndombi with the Judicial Service Commission (JSC). Adding a critical dimension of personal risk to the legal dispute, the complainant reported being subjected to threats and intimidation.
According to the legal correspondence, she received a threatening call from a Somali number on the day Mr. Jama was released, with the caller allegedly identifying as his close relative.
These threats, reported at Pangani and Eastleigh North Police Stations, have caused severe distress and led to pleas for protection for the complainant and her minor children.
Both the ODPP and the JSC are now reviewing the complaints to decide on their next actions.
