Wednesday July 4, 2018
A Nairobi court has found out that a Somali national accused by a Kenyan politician of assault has a case to answer. Magistrate Eunice Kimaiyo sitting at Makadara Law Court yesterday ruled that Jamal Mohammed has a case to answer in causing grievous harm.
At the same time Kimaiyo acquitted Jamal of the charges of being illegally in the country on the grounds that the prosecution failed to table enough evidence in court.
The prosecution called five key witnesses who testified before the closure of their case, both the prosecution and the defense tabled their oral submissions.
Jamal had requested the court to withdraw the charges claiming that the complainant Hussein Mohammed had not produced an X-RAY report to court which would be used as evidence.
The accused said that Hussein's witnesses gave contradictory information to court regarding the incident.
He said that the investigators did not conduct an identification parade after the arrest of Jamal Mohammed.
Hussein Mohammed who testified in the case said that Jamal attempted to kill him on September 17 at Eastleigh 7th street in Kamukunji. He said that Jamal used his boots and stepped on him where he fell down. The accused later removed the knife and stabbed him on the neck.
“Two days after the incident the accused called me and said that he wanted to apologise for what he did to me,” said Hussein.
Hussein told the court that Jamal assaulted him because he wanted to be paid Sh337,000 the cost he incurred after they sold a machine they had bought together and subdivided the profit.
He also told the court that he was introduced to Jamal by his brother and that he did not know him before. The court also heard that the accused surrendered himself to the police station two days after the incident where he was arrested immediately.
He is said to have had assaulted Hussein outside a Mosque at Eastleigh 7th street in Kamukunji area. Jamal had told the court that the witnesses who testified in court did not identify the hood that they claim he was wearing at the time of the attack.
He said that the case cannot stand because the P3 form at Pangani Police Station was very categorical because he did not sign.
The complainant said that it was not in doubt that the witnesses identified the person who committed the offence since it was around 9pm and the street lights were on.
Hussein also added that since the accused surrendered himself to the police there was no need for identification. He added that he needed to undergo physiotherapy because he was seriously injured by Jamal.
The politician said the allegations by the defense that charges are defective cannot stand because Jamal did not show the court how it was defective.
Jamal denied all the charges and was released on a Kenyan surety bond of Sh300, 000. Police said the accused after committing the offence disappeared from his hotel room and only surrendered before police after he knew he was wanted and could not travel out of the country. The matter will be heard on July 13, 2018.