Somali national accused of attempting to kill politician to face trial

A Somali national charged with assaulting and causing grievous bodily harm to a Nairobi businessman and a politician Hussein Mohammed at Makandara law courts. [Standard]

The case in which a Somali national is accused of attempting to kill a Politician will proceed on trial before the suspect travels out of country.

Jamal Mohammed who had earlier requested the resident magistrate Eunice Kimaiyo to release his passport to enable him travel to the UK to have a kid with his wife through surrogate, will now have to wait the trial.

During the hearing of the application on Friday, prosecution counsel Daniel King’ori opposed his application stating that he did not prove that he was a businessman and a frequent visitor to the country.

“Your honor if the accused person is allowed to travel, he might not return as he faces a serious offence that if found guilty, he risks a life sentence jail term maximum,”King’ori told court.

He said that the procedure is not urgent and the accused has no established business in Kenya and therefore he might be flight risk.

"Surrogate procedure can be rescheduled and because of the nature of the offense,Jamal might be trying to escape from the country,"said Kingo'ri.

The prosecutor added that the offense that Jamal is facing is serious and the outcome might be a life sentence if he is found guilty.

The complainant, a former Wajir south aspirant, Hussein Mohamed, said the accused is trying to sneak the application because they have not been served.

Jamal Mohamed had told the court that he and his wife who is in the UK have tried unsuccessfully to conceive a baby and have resorted to a surrogate mother.

“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.

King’ori added that the suspect is in no way involved in the said procedure as he has not shown any documents to prove in court.

Jamal however said he was not a flight risk as he had another wife in the country.

In his application, he had pleaded with the court to release his passport saying that his wife was in the UK and they have been trying to conceive a baby through natural means for years but in vain.

He claimed they had scheduled a procedure medically to be done in UK and were to meet the surrogate mother on June 21.

Jamal who is also an American citizen is charged with assaulting and causing grievous harm to a former Wajir south aspirant Hussein Muhumed.

He allegedly committed the offence on September 17 at Eastleigh 7th street in Kamukunji. He was also charged of being in Kenya illegally.

Jamal denied all the charges and h is out 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.

Jamal Mohamed said he and his wife who is in the UK have tried unsuccessfully to conceive a baby and have resorted to a surrogate mother.

His lawyers told Kimaiyo that they had served the Director of Public Prosecutions with the affidavit in which he is seeking to travel outside the country.

The prosecutor said the offense is serious and the penalty is life imprisonment if found guilty because he has no business in Kenya.

The appointment is not mandatory and can be rescheduled.

The lawyer to the complainant said the accused has been trying to run away from the country.He added that the procedure had already been rescheduled  from June 21 to July 16,2018 and even now it can be rescheduled.

He also said there is no prove of the appointments because the appointments are for the wife not the accused.

The matter will be heard on July 2, 2018