A Nairobi court has found guilty a Somali national accused of causing permanent disability to a Wajir politician.
Jamal Mohammed was found guilty of assaulting Hussein Mohammed and causing him 30 percent degree permanent disability
Makadara Law Courts resident Magistrate Eunice Kimaiyo said the court beyond reasonable doubt that Jamal indeed assaulted politician Hussein who contested for Wajir Parliamentary seat in 2017.
“I find the accused guilty of assault and causing grievous harm to complainant Hussein Mohammed and I convict him accordingly,” ruled Kimaiyo.
Kimaiyo added that there is no evidence to show that there was a fight between the two as Jamal had told the court and ruled that this was pure assault.
Through lawyer Cohen Amanya, Jamal pleaded with the court to grant him lenient sentence saying that he has a wife in Kenya and a young child.
This information according to defense is contradictory because earlier he had told the court that he has no child and that he wanted to travel outside country for Surrogacy.
In application seeking the release of his passport, Jamal had requested the court to release his passport to enable him travel to the UK to have a kid with his wife through surrogate but his application was denied.
“My wife is in the UK and we have been trying to conceive a baby through natural means for years but in vain. We have scheduled a procedure medically to be done in UK and we have to meet the surrogate mother on June 21”, Jamal told court.
The prosecution expressed that Jamal’s application was a delay tactic of the hearing that was so close to be heard.
The passport had been deposited to court at the beginning of the trial as a condition so that he may not abscond bail after complainants said that he is a flight risk.
“The accused is a first offender and he has been cooperating with prosecution by attending all court proceedings,” said Amanya.
Amanya added that Jamal is a foreigner and upon serving his term he will still go back to his country.
The court was also informed that Jamal is a married man and he has a young family and his wife is a Kenyan.
“Jamal is an energetic young man and having him in jail will not serve any purpose,” said Amanya.
In court, Jamal was accompanied by his wife who is a Kenyan born in 1995 and have a young child who need parental care.
Jamal had been accused of assaulting Hussein outside a Mosque at Eastleigh Nairobi County.
In the case, Jamal who is also an American citizen is charged with assaulting and causing grievous harm to Hussein.
He is alleged to have assaulted him outside a Mosque leaving him with serious injuries on the left leg.
He allegedly committed the offence on September 17, 2017 at Eastleigh 7th street in Kamukunji. He was also charged of being in Kenya illegally.
Jamal denied all the charges and is out on a Kenyan surety bond of Sh 300, 000.
The prosecution called five key witnesses who testified before the closure of their case, both the prosecution and the defense tabled their oral submissions.
The prosecution called all the witnesses who testified in court before closing the case.
Hussein who testified that Jamal attempted to kill him on September 17, 2017 at Eastleigh 7th street in Kamukunji.
He said that Jamal used his metallic sports boots and stepped on him where he felt 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 apologize for what he did to me,” said Hussein.
Jamal has been placed under probation pending sentencing on June 14, 2019