The prosecution has requested 30 additional days to collect statements from two key witnesses in a case involving a Somali national, Abdirizak Mohammed Hassan, who is facing charges of obtaining registration by false pretenses.
The matter was mentioned before Kahawa Principal Magistrate Gideon Kiage, during a session intended for the prosecution to disclose evidence. However, the prosecution only provided a pre-bail report.
The case took an unexpected turn on March 13, 2025, when the complainant, Athara Abey Ali, failed to appear in court despite the magistrate having temporarily suspended the accused’s bond terms until her testimony.
Appearing virtually, Abey’s lawyer informed the court that his client wished to alter her initial statement, although no clear explanation was given.
“Your honor, my client is not present in court, but she is willing to change her recorded statement. We seek the court’s guidance on this matter,” the lawyer submitted.
Following this development, Magistrate Kiage reinstated the accused’s bond terms and ordered his release.
However, state prosecutor Kennedy Kamau urged the court to cancel the accused’s bond, alleging that Abdirizak had threatened both the main witness and the complainant.
“Your honor, the accused’s actions risk compromising these proceedings by threatening the complainant and urging her to withdraw from the case,” Kamau stated.
The prosecutor further revealed that Abdirizak had arranged a meeting with Abey at the Moonlight Hotel in Nairobi, where he allegedly threatened her with severe consequences if she did not withdraw her testimony.
According to Kamau, during that meeting, the accused also attempted to bribe Abey, asking her to name any amount of money in exchange for her withdrawal as a witness.
Following these threats, Abey reported the incident to authorities, stating that Abdirizak had impersonated her son and used her lost identity card to fraudulently obtain a birth certificate.
The defense lawyer, however, asked the court to dismiss the prosecution’s application to revoke bail, arguing that there was no concrete evidence linking the accused to the alleged meeting or threats.
“Your honor, no proof has been presented to this court showing that my client met or called the complainant,” the defense lawyer argued, adding that the accused denies all allegations.
Abdirizak is facing charges of personation after allegedly using Abey’s lost identity card to obtain a birth certificate falsely indicating that he was her son. Additionally, he is accused of using the false identity to register for an identity card and submit fraudulent documents in an attempt to obtain a Kenyan passport.
Investigations revealed that Abey, the supposed mother, had confirmed in her statement that she did not know the accused and had never met him before. She also stated she only has three daughters, one deceased, and lives with the other two in Eastleigh.
Abey reported that her original identity card was lost in Eastleigh and that she had since acquired a replacement. Authorities suspect that Abdirizak used her lost ID to forge multiple documents.
He remains under investigation for several other fraud-related offenses but has denied all charges and is currently out on a cash bail of Ksh 150,000.
The case is set for mention on May 12, 2025.
