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Capital FM Commercial Director who is on trial for threatening to kill an ex-lover in 2019, has moved to the High Court to challenge her prosecution by the DPP.
Farida Idris Mohamed was charged in April this year with sending several threatening messages to Hussein Aila Amaro who is also a businessman.
In her application before the Milimani Law Court, Farida claims that the charges are malicious and wants the court to quash them.
Farida adds that the DPP failed to conduct clear and unbiased assessments of facts to substantiate the charges against her.
“The criminal proceedings are in bad faith and are clearly an afterthought to hit back and express vendetta against the petitioner following their acrimonious relationship fallout and failure to settle 17 million shillings within the timeframe as demanded by the ex-lover,” she states in court papers.
She says that the decision to charge her amounts to an abuse of the court process.
She now wants the court to set aside the decision by the DPP to charge and prosecute her.
Farida further adds that the actions of the respondents to charge her with the offence of threatening to kill by using the criminal justice system to settle a civil dispute are unconstitutional and contravene her constitutional rights to equal protection.
She claims that she was in a romantic relationship with Hussein and they lived together as husband and wife.
“During their nine-year relationship she says that they incorporated a company called Enersence Solutions Limited where they were the Directors’ shareholders, each holding 50 percent of the shares”, the court documents read.
However, Farida says that sometime in 2019 they parted ways in a nasty manner and since then they have been embroiled in civil disputes and frivolous complaints to the DCI over the ownership of the company.
After the two failed to agree on the amount payable for purposes of reaching out a consent, she claims that Hussein used his links and negotiations to push for her prosecution.
In the criminal case, Farida has since denied seven criminal charges of threatening to kill Hussein.
She is said to have committed the offence through a series of threatening messages.
According to the prosecution, Farida sent her former lover messages on June 14, 2019, that he would eliminate him together with his current girlfriend Swarna.
In count one, Farida was charged that on June 14, 2019, at 1014 hours at an unknown place within the Republic of Kenya without lawful excuses caused Hussein to receive short messages written: “Now tell me what you will do to me and you see l will finish you and Swarna combined.”
She is out on cash bail