A Nairobi court’s decision to acquit a man accused of obtaining a Kenyan national identity card by false pretense has sparked a dual legal challenge, with the complainant alleging a miscarriage of justice and reporting ongoing threats to her safety.
The matter concluded on September 22, 2025, where Honourable Magistrate R.M. Ndombi found Abdihakim Saidi Jama not guilty on all three counts against him. The charges included obtaining registration by false pretense, giving false information to a public servant, and being unlawfully present in Kenya.
Court documents show the prosecution alleged that between March 2011 and June 2011 in Isiolo County, Mr. Jama fraudulently procured a Kenyan ID by falsely claiming to be the son of a woman identified as Fatuma Mohamed. He was also charged with being unlawfully present in the country from 2011 until his arrest in April 2024.
Following the acquittal, lawyers for the complainant, Ayni Hussein Mahammud, have taken two significant steps. On September 29, 2025, Abdullahi & Associates Advocates wrote to the Office of the Director of Public Prosecutions (ODPP) urgently requesting an appeal against the judgment. In a subsequent letter dated October 1, 2025, the same firm filed a formal complaint against Magistrate Ndombi with the Judicial Service Commission (JSC), which oversees judicial conduct.
The core of the grievance, as outlined in both letters, is that the magistrate failed to properly consider what they term “overwhelming” prosecution evidence. This evidence included the testimony of a woman presented as the accused’s mother, Prosecution Witness No. 3, who reportedly disowned Mr. Jama in open court. She testified that her identification card had been used by the accused without her consent to obtain the documents in question.
Furthermore, the complainant’s lawyers pointed to evidence suggesting the accused had previously vied for a political seat in Somalia under a different name, Mohamed Hussein Noor. They also cited multiple birth certificates presented by the defence which they claim showed inconsistencies and demonstrated fraud, but were allegedly ignored by the court.
“It is our considered view, and that of our client, that the Learned Magistrate erred in law and in fact by failing to properly analyze and evaluate the totality of the prosecution evidence, which clearly established the accused’s culpability,” stated the letter to the ODPP.
Adding a layer of urgency to their requests, the complainant has reported being subjected to a pattern of threats and intimidation. According to the legal correspondence, she received a threatening phone call from an unknown caller using a Somali number on the day the accused was first released from court. The caller allegedly identified themselves as a close family member of Mr. Jama. Subsequent threats were reported at Pangani and Eastleigh North Police Stations..
The lawyers argue these incidents have caused their client “severe distress” and continue to place her and her minor children at risk. In their plea to the JSC, they stated that the acquittal has left their client “exposed to continuing threats and intimidation believed to emanate from the accused and/or his associates.”
The legal letters implore the ODPP to file an appeal without delay and urge both the ODPP and the JSC to take necessary steps to safeguard their client and her children. The Judicial Service Commission and the Office of the Director of Public Prosecutions are now expected to review the complaints and decide on their course of action.
