by SUSAN MUHINDI
Friday September 8, 2023
An attempt by the state to have a Somali businessman denied bail on grounds that he is a threat to national security has been declined by a Makadara Court.
Investigating Officers (I.O.) had sought to have Abdi Yusuf Ali denied bail claiming he had been using an identification card belonging to Abdi Yusuf Ali a brother to Abdirahman Mohamed Kuno Alias Gamadhere.
Gamadhere was the mastermind of the Garissa University attack.The I.O. said the said Abdi was killed while heading the militia in Somalia.
But the defence counsel representing the accused said the officer was jumping the gun by giving his evidence
Makadara Magistrate Agnes Mwangi said the identification card in question is a subject matter before another court and it would be unfair for her to act on the information provided as the accused is entitled to be presumed innocent until proven guilty.
"I find no merit in that argument. Previous bond terms have been sufficient in securing attendance. The same has been maintained," the Magistrate said.
The bond terms remained at Sh300,000. Initially, he had been granted Sh2 million surety but it was reviewed.
Abdi was on Tuesday arraigned before the Makadara court charged with forging a Kenyan national identity card.
He denied forging an identity card bearing the name of Abdi Yusuf Ali.
Abdi, according to the charge sheet, claimed his ID card was a genuine document issued by the National Registration Bureau.
According to the charge sheet, the accused on diverse dates between July 14, 1987, and February 19, 2008, in Nanighi within Garissa, willfully procured a Kenyan identity in the name of Abdi Yusuf Ali by falsely pretending he was the son of Ralia Mohamed alias ‘the iron lady’
He faced another charge of being unlawfully present in Kenya
The accused was first charged in court in April this year.
He was accused of defrauding one Hassan Ali Hassan Sh5.6 million.
He obtained the money by pretending he was in a position to import assorted cosmetics, chocolates and milk from Europe.
The offence is said to have been committed in Eastleigh on diverse dates between September 8 and September 24, 2022.
The prosecution has since amended the charges which has resulted in him being charged with additional counts on Tuesday.
The case will be mentioned on October 12 for a pretrial.
