Seeking Justice, Awaiting a Review: The Obstacles in an Impersonation Case

The hearing of a case in which an alleged Somali National is charged with obtaining registration by pretence will not commence soon after the prosecution’s superfluous delay in the hearing.

The matter was taken to Kahawa Law Court last year, and the prosecution has repeatedly adjourned it, seeking more time to supply the relevant documents in preparation for the hearing.

When the matter was mentioned today for further directions, defence lawyer Abdilaziz Hassan requested a one-month extension to wait for the response from the Office of the Director of Public Prosecution (ODPP) for reviewing the file and analyzing the statements.

“Your honor, we request the court to grant us one more month to mention the matter as we await the response from the ODPP, where we applied for review of the file and analysis of the witnesses,” the lawyer told the magistrate.

The lawyer told the court that he wrote the letter to the ODPP regarding the request and has yet to receive a response. He requested 30 days for a mention to confirm the status of the review.

On March 7, 2025, Magistrate Gideon Kiage suspended the bond terms of the accused, Abdirizak Mohamed Hassan, for four days so that the complainant could testify.

The decision came after the allegations that Hassan had threatened the main witness and the complainant in the case with dire consequences if they appeared in court to testify against him.

Abdirizak allegedly offered any money she would request to withdraw as a witness against him.

While giving the ruling, the magistrate stated that the accused person has the right to liberty as granted by the constitution, and the same can be denied if compelling reasons exist before the court.

“The matter before this honourable court is bailable and the accused person has the right to enjoy his liberty granted by the constitution,” the court noted.

The magistrate noted that the accused is alleged to have threatened the complainant, Athara Abey Ali, with dire consequences if she appears in court to give testimony against him.

The magistrate relied on the affidavit sworn by Wallo Otacho, noting that no evidence was produced before him to prove that the accused threatened him. Still, the court relied on the testimony from the officer investigating the matter.

“To deny the accused his right to liberty, there must be compelling reasons, and in these circumstances, the accused denied threatening the complainant. Despite lacking proof, the court cannot set aside the allegations and say it is not proved,” he stated.

When Abey was supposed to appear in court to testify, she failed, and rather, the defence lawyer informed the court that the complainant wished to change her initial statement. After making the request, the accused person’s bond was reinstated.

The accused was charged with the offence of personation, where he stole the identity card of an unsuspecting woman, Athara Abbey Ali, and used it to secure the certificate of birth, which indicated that he was her son, a false fact.

He was further charged with obtaining registration by false pretences, where he registered an identity card using the details of an unsuspecting couple pretending to be their son.

The purported parents were Mohamed Hassan and Athara Abey Ali, the father and mother, respectively.

During the investigations, Abey, the purported mother, was interviewed, and her statement was recorded: “The accused person Abdirizak Mohammed is not my son nor did I know him before,” read part of the statement.

She also stated that she had only three daughters in her life, one who is deceased and lived with two in Eastleigh, thus disputing the allegations by the accused that he is her son.

The matter was set for mention on October 1, 2025, to confirm the status for review.