NAIROBI, Kenya, A Somali national who fraudulently obtained a Kenyan National Identity Card was Tuesday July 11 charged in a Nairobi court.
Abdihakim Saidi Jama who has been in custody for the last 12 days appeared before Milimani principal magistrate Zainab Abdul and pleaded not guilty to the charge of obtaining registration by false pretense contrary to section 320 of the Penal Code.
The prosecution stated that between March 1, 2011 and June 3, 2011 while in Isiolo within Isiolo County in the Republic of Kenya, Jama jointly with others not before court, willfully procured a Kenyan National Identity Card number 29651299 in the name of Abdihakim Saidi Jama by falsely pretending that he were the son of Fatuma Mohamed of Kenyan National Identity Card number 00007005, a fact he knew to be false.
The magistrate released him on the Sh30,000 plus two contact persons and set the mention of the case on July 25.
The prosecutor did not object to the bail terms despite Jama being a flight risk.
This came as the main complainant and witness in the case Ayni Mahamud protested the move by the prosecution to move the case from Makadara Law Courts to Milimani without informing her.
She said the move was suspicious aimed at helping the accused.
“We saw this from the moment the investigation team was changed mid the probe. We will protest the lenient bail terms granted on him,” she said through her lawyers who had not been informed on the progress.
Investigations show Jama fraudulently acquired the Kenyan national ID card which she later used to dispossess her former employer Aydin of her business in Eastleigh.
According to preliminary reports, some unscrupulous government officials were colluding with foreigners to acquire Kenyan identification documents, posing a serious national security threat.
Investigations by the Directorate of Criminal Investigations (DCI) revealed that Jama’s purported birth certificate which he used to acquire the national ID actually belonged to a woman.
A report dated May 17, 2023 by the National Registration Bureau (NRB) showed that the entry number L0090613/13 in Jama’s birth certificate belonged to Anne Gatwiri Kithure, the DCI said.
Following the allegations, investigations into the matter started where communication was made to the Secretary, NRB requesting for certified copies of the printouts in respect to the ID card and vetting minutes.
A report indicated that the ID card, number 29651299, was issued by Isiolo NRB office, with a certified copy of the birth certificate showing that Jama’s mother was one Fatuma Mohammed.
Investigations were launched after Ayni, a British national of Somali origin, reported that Jama, who was her employee, tried to steal her business in Eastleigh in 2020.
This was during the Covid-19 pandemic that forced her to be out of the country for long.
The woman told police she sent clothes from London and China to her three shops in Eastleigh as stock, and even had the ability to monitor the business remotely through CCTV.
However, her world came crashing down when she discovered that her trusted business worker had registered the three shops under his own name, disregarding their previous communication.
She instead sought assistance from the local business community and elders in reclaiming her business, which she had worked hard to build.
After hearing both parties’ arguments, the community and elders decided to divide the three shops between them, insisting that Ayni surrender one of the shops to her business worker.
She did not agree to the suggestion claiming that she had single-handedly stocked the shop, paid rent, and covered other workers’ salaries.
She decided to come to Kenya only to face harassment that even led to her arrest and detention in police custody.
She complained and the matter is currently under investigation by the Internal Affairs Unit (IAU) and Independent Policing Oversight Authority (IPOA).
Ayni’s legal team then filed a formal complaint with the DCI complaints unit, which took over the matter that has now revealed the new developments.
Jama was initially arraigned at Makadara Law Court accused of forgery and being unlawfully in Kenya in contravention of section 53 of the Kenya Citizenship and Immigration Act.
Makadara senior principal magistrate Hellen Onkwani ordered the man be detained at Muthaiga police station for 14 days as the detectives conclude investigations.
The detectives said a number of investigations by a multi-agency team is already ongoing to nip the scam in the bud.
The case has opened a flurry of more investigations into such claims amid fears more will be found.
Some security officials have also been accused of colluding with aliens to get into the country and also failing to repatriate foreigners declared by courts as unlawfully present in the country.
On March 30, for example, two Anti-Terrorism Police Unit (ATPU) officers were arrested for failing to repatriate four Somali nationals who were found to be in the country illegally.
The foreigners sneaked into the country through Uganda and were arrested. The court ordered that they be taken back to their country and were handed over to the three arrested officers. The foreigners were later released and found in the country.
In another case in Pangani police station last year where a foreigner who was to be repatriated was instead released in unclear circumstances, a senior commander exonerated the OCS, an Inspector and a Corporal.
In the case, number 887/2022, the Makadara Court on March 31 2022 issued an order that Hussein Muhmin Hassan be repatriated to his country of origin.
However, the family of Hassan went to the station and they negotiated his release by bribing the officers.
Despite having been involved in the illegal release of the suspect, two officers claimed that they took the suspect to the Industrial Area on April 12, 2022.
Source: Capital FM
