A middle aged man has been sentenced to 3 years in jail for assaulting a politician leaving him with permanent disability
Jamal Mohammed a Somali national was found guilty of causing 30 percent degree permanent disability to Wajir Politician Hussein Mohamed.
Makadara Law Courts Magistrate Eunice Kimaiyo ruled that Jamal indeed caused grievous harm to Hussein.
“Due to the circumstances that lead to the injuries and the fact that Jamal did not prove that there was a fight between the two, I will sentence him to three years imprisonment,”Ruled Kimaiyo.
The convict had appeared in court in company of his alleged young child where he sought for bond pending the appeal of the judgement.
Jamal told the court that he is a family man and not a flight risk
Jamal told Kimaiyo argued that court had Jurisdiction to grant bond pending the appeal but the prosecution objected saying he is a foreigner and could easily escape if released.
During sentencing,Kimaiyo had ruled that Jamal Mohammed indeed assaulted Hussein who contested for a Wajir Parliamentary seat in the year 2017.
“I find the accused guilty of assault and causing grievous harm to complainant Hussein Mohammed and I convict him,” ruled Kimaiyo.
The magistrate added that claims by Jamal that there was a fight between the two are not backed on evidence and thus she has found out that it was an assault.
Kimaiyo relied on medical documents reports and the testimonies of both accused and complainant among other evidence that was produced in court.
In application seeking the release of the 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 Kenyan wife
Jamal had been accused of assaulting Hussein outside a Mosque at Eistleigh Nairobi County leaving him with serious injuries on the left leg.
He allegedly committed the offense on September 17, 2017 at Eastleigh 7th street in Kamukunji. He was also charged of being in Kenya illegally.
Hussein said Jamal used his metallic sports boots and stepped on him after he fell down and then lremoved the knife and stabbed him on the neck.
Hussein has said that he will appeal that lenient sentence because Jamal was supposed to be sentenced to life imprisonment having caused him permanent disability.