Ali Ibrahim Koise, had been charged with VI counts of various offenses-obtaining registration by false pretense, forgery,, presenting false document, operating a Telecommunication system without a valid license, being unlawfully present in Kenya and finally, making a false declaration.
But the prosecution failed miserably to prove its case, leading to an acquittal, thanks to lawyer Robinson Kigen who was keen to see the loopholes in the case.
He first dealt with ” counts not pursued or abandoned by the prosecution…”
The lawyer submitted that various witnesses testified in the case and the investigating officer confirmed during cross examination that they never produced evidence or pursued various counts.
The counts that were never pursued are Count II,III and IV>
“The IO conceded that he was under the impression that a charge sheet had been amended. In short, no document purportedly forged or uttered was p[produced by any witness, No evidence of operation of any any mast was adduced. No evidence of title of the property where the p[purported mast is erected was produced, ” the lawyer charged.
He said, consequently, the court should not place the accused on defence in respect of counts which investigations were never done and where the investigation officer confirmed that they never pursued.
Prove that he was an Ethiopian
Kigen then turned to an “analysis of evidence before court vis-a-viz Count I through to V.
He said “it was incumbent upon the prosecution to prove that the accused obtained registration by false pretence and to prove that he was an Ethiopian!Unlawfully present…
“To the contrary the evidence of several witness exonerates the Accused. some of the evidence is as follows…” he said.
In a blow by blow rendition the lawyer stated that the testimony of a prosecution witness, County registrar of Persons, Papius Ndegwa Kamau, was that police went to his office and wanted him to show them records of committee which approved accused’s registration.
“He conceded that their records are manual, filing system was not good, there were no trained officers…he did not get the minutes of approval,” Kigen told the trial court.
During cross examination this witness stated that he cannot tell whether Ibrahim was a citizen of Kenya or not.
“he also state that he cannot tell whether Accused obtained registration by false pretence or not…” Kigen submitted.
Witness own testimony
Collapsing the prosecution case further and the lawyer angling on witnesses’ own testimony, told court that ” he also indicated that there are no records of minutes. He sated that minutes being misplaced can be accidental or intentional…”
The lawyer told the trial court that the investigating officer had conceded that he did not have any other evidence to show that Ibrahim obtained registration of Identity card by false pretence…the particulars of this offence being that the accused is an Ethiopian.
Kigen added that the investigating officer admitted in cross examination that he did not carry out any further investigation on Ethiopian nationality of the Accused.
Another prosecution witness, Chief of Mountain location, Hussein Charfi Halake,the lawyer pointed out, admitted schooling with the Accused father in Marsabit…
Arresting officers could neither help the prosecution case.. two of them said they were not involved in investigations.
An assistant chief the prosecution brought on board stated “the accused passed vetting to get an ID,” the lawyer submitted.
“She stated that the accused is a Kenyan who used the appropriate procedures to get an ID…” Kigen submitted.
Kigen said the net effect of the evidence is contrary to the allegations and that two crucial witness exonerated Ibrahim,.
He said the prosecution case collapses because several witness testified that Ibrahim is Kenyan.
Bonafide Kenyan Citizen
An Immigration officer told the court that if there was an irregularity in the application forms, then the person who can conclusively answer is an Accepting Officer.
This witness , Kalake, an official at the investigation and prosecution section at Nyayo House in 2015 said he “merely” forwarded Ibrahim’s file to the investigating officer…He also did not establish the nationality of the accused.
“No witness thus pointed out with clarity the purported false declaration- being an Ethiopian national willfully and fraudulently presented yourself as a bonafide Kenyan Citizen…” Kigen charged.
Kigen’s submissions at the evidence on record was crystal clear that the prosecution had not established a watertight case to enable the court place him on defence was upheld.