Court to rule on Imam’s bail over Sh774,000 Umrah travel case

A Nairobi court is set to determine whether a senior imam accused of obtaining Sh774,000 from a complainant on the promise of facilitating Umrah travel to Saudi Arabia will be released on bail. 

The accused, Omar Athman Omar, 49, is alleged to have misled Mohamed Salim Bahlewa, a Nairobi resident, between December 18 and 19, 2025, claiming he could facilitate his Umrah pilgrimage.

Omar Athman Omar accused in the Umrah travel scandal/Photo/Reporter 

Omar, who is Swahili and resides in Malindi, pleaded not guilty to a charge of obtaining money by false pretence contrary to Section 313 of the Penal Code.

Counsel for the accused applied for bail, arguing there are no compelling reasons to deny him his constitutional right. The defence highlighted Omar’s strong family and social ties.

“The accused is a senior imam, a family man with a fixed abode in Malindi where he lives with his family,” counsel told the court.

The defence further stated that Omar is not a flight risk despite occasionally travelling to Saudi Arabia for religious duties. Counsel added that the money was sent to his account while he was abroad, but he voluntarily returned to face the allegations.

“Even though the money was paid when the accused was in Saudi Arabia, he voluntarily returned to the country to face these allegations,” the defence submitted.

Accused Omar Athman Omar In courts/photo/reporter 

The defence also criticised the investigating officer’s application seeking an extension of detention.

“The investigating officer has conveniently left out the day the said amount was paid into the accused person’s account,” counsel argued.

The prosecution opposed the bail application, relying on an affidavit from a DCI Kilimani officer. They confirmed Omar travelled to Saudi Arabia in December 2025 and received the money after promising the complainant’s travel, scheduled for December 23, 2025.

“The complainant was unable to travel due to the conduct of the accused person, who did not inform him of the reasons,” the prosecution submitted.

The State also raised concerns about Omar being a flight risk and noted additional complaints of a similar nature.

“There are more complainants coming forward, with the most recent report recorded under OB number 44/08/02/2026 at Lang’ata Police Station,” prosecutors stated.

Concerns were also raised about the safety of the accused if released.

“Releasing the accused at this point will place his personal safety at risk and may endanger law enforcement officers tasked with maintaining law and order,” the prosecution argued.

In response, the defence insisted no evidence had been presented to demonstrate that Omar poses a security risk or would interfere with investigations.

“The accused person has presented himself in utmost good faith in this matter,” the defence said, urging the court to grant bail on reasonable terms.

The prosecution suggested strict bail conditions, including surrendering Omar’s passport if bail is granted.

The court is expected to deliver its ruling on the bail application on February 10, 2026.