A Somali national accused of assaulting a politician outside a Mosque leaving him with serious injuries on the left leg now wants to leave the country to go and have a child through a surrogate.
Appearing before senior resident magistrate Eunice Kimaiyo, Jamal Mohamed through his lawyers said he has served the Director of Public Prosecutions with the affidavit in which he is seeking to travel outside the country.
“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.
He wants to travel to UK to try and have a child through surrogate.
The complainant a former Wajir south aspirant Hussein Mohamed said the accused is trying to sneak the application because they have not been served.
The application will be heard on June 28, 2018 and the magistrate said she will hear the matter on priority basis.
After the parties appeared before a Makadara Court last week, the court allowed Jamal Mohamed to file an application on release of his passport.
Kimaiyo gave the orders following Mohamed’s plea that he need time to travel to the UK for medical checkup.
He added that he needs his passport and would appear in court whenever needed.
The prosecution had however opposed the application stating that he was a flight risk and was also a foreigner. They argued that if released, he would abscond court as he is facing serious charges of causing grievous harm.
The court heard that the accused had not produced any documents to prove that indeed he was travelling for medical services.
Magistrate Kimaiyo however granted them the chance to file the application on June 14 and serve the prosecution.