A commercial director of a media house in Kenya who is facing charges of threatening to kill an ex-lover has moved to the High Court to stop the DPP from prosecuting her.
Farida Idris Mohamed was in April this year charged with sending several threatening messages to Hussein Aila Amaro.
Farida now claims that the said charges – offence allegedly committed on June 14 and 15 2019 – are malicious, imploring the DPP to quash them.
“The criminal proceedings are in bad faith and are clearly an afterthought to hit back and express vendetta against the petitioner [Farida] following their acrimonious relationship fallout and failure to settle 17 million shillings within the timeframe as demanded by the ex-lover,” Farida says in her application before the Milimani Law Court.
Stayed as husband and wife
In the application, Farida states that she was in a romantic relations with Hussein, living together for nine years as husband and wife.
During this time of their relationship, Farida says they legally formed a company – Enersence Solutions Limited – where they were directors and shareholders, each with 50% shares.
But all hell broke loose sometime in 2019 when the couple separated. Since then, they have been embroiled in a nasty civil dispute over the company ownership.
Farida now claims that Hussein is using his links to push for her prosecution and push her out of the said company.
“The criminal case is being used to wield state power over the petitioner [Farida] as a means of vexation and oppression for ulterior purposes and not as an avenue to litigate a genuine complaint or achieve any justice,” she adds.
Unconstitutional
She further says that is it unconstitutional for Hussein to use the criminal justice system to settle civil dispute.
“The actions of the respondents to charge the petitioner with the offence of threatening to kill as a clap back by using the criminal justice system to settle a civil dispute is unconstitutional and contravenes petitioners constitutional rights to equal protection…”
Farida denied the charges and was released on a cash bail in April, 2023.
