Accused Man Seeks Justice as Prosecution Delays Case Over Missing Documents
Abdirizak, who claims to be harassed by the police, holds a Kenyan Identity Card, has a family of six children who were born in Kenya, and a wife. He says he has been conducting business in Eastleigh for the last 15 years.
Failure of the prosecution to avail the statements against an accused person has led the Kahawa court to delay further the case of a man alleged to have obtained registration illegally.
While adjourning the matter, Kahawa principal magistrate Gideon Kiage admitted the application by the state prosecutor Kennedy Kamau who admitted not to have supplied statements to the defence.
Kamau told the magistrate that they are yet to supply statements from witnesses who hail from Mandera and they needed more time to serve,
“Your honor I pray for the adjournment and schedule for another mention date for pre-trial to supply the statements from witnesses who are in Mandera which we are yet to supply,” he prayed.
Kamau also indicated that they are also waiting for a report from the registrar which is yet to be supplied.
The matter involves Abdirizak Mohamed who is charged with obtaining registration by pretence.
The case took a drastic turn on March 13, 2025, when the complainant in the matter Athara Abey Ali failed to appear in court to testify despite the magistrate temporarily suspending the bond terms of the accused person until she testified.
The complainant further applied before the court to rewrite her initial statement stating she erred while recording.
Since then the matter has not proceeded where the accused person now laments for the delayed justice accorded by the constitution.
Abdirizak, who claims to be harassed by the police, holds a Kenyan Identity Card, has a family of six children who were born in Kenya, and a wife. He says he has been conducting business in Eastleigh for the last 15 years.
According to the documents seen by our team, Abdirzak hails from Mandera County, Garse location where the area chief Abdirahman Aleo acknowledges that through a letter dated November 20, 2024, admitting to being well known to him.
Another stamped document from the assistant chief, Eastleigh North Sub-Location confirms that Abdirzak is a well-known businessman in Eastleigh, Amal Mall, and resides there.
Further, Amal Group of Companies a company that owns the business premise where he runs a cloth business through their letter describes Abdirizak as a diligent and hardworking individual with good morals and ethical character and he relates well with other business clients.
Due to continuous harassment by police, Abdirizak in a letter through Abdisalam Abdi & Company Advocates dated January 16, 2025, complained to the office of the Director General at Directorate of Criminal Investigations Headquarters for the investigation of DCI officer Mohamed Abdi for continuous harassment and sending death threats.
The matter will be mentioned on July 15 for pre-trial and direction.
