Request to have injured politician examined gets rejected

Jamal Mohamed, a Somali national, when he appeared before senior resident magistrate Eunice Kimaiyo at Makadara Law Court on Thursday, June 14 2018, for a mention to charges of assaulting former Wajir South aspirant Hussein Mohamed.The matter will be heard on July 28 2018. [David Njaaga, Standard]

The prosecution has opposed an application by a Somali national accused of attempted murder on Kenyan Politician, to have the latter subjected to independent medical examination.

Jamal Mohammed through his lawyer Abdirahman Warsame applied to have complainant Hussein Mohammed subjected to such examination in order to ascertain the extent of the injuries he suffered from the alleged assault.

His application was highly objected by the prosecution saying that the court had earlier directed them to supply the defence with all medical reports, scans, X-rays and receipts for the perusal and action.

They said that they have two medical reports from Agha Khan University Hospital and the Government doctor who is a police surgeon.

“The complainant would be prejudiced by further medical examination as he is currently recuperating in Wajir,”said the prosecutor who did not want to be named.

She added that such an examination will amount to challenging the evidence the prosecution adduced in court during their case and the defence ought to have done during that stage of the trial not now.

 “Such an examination would shed light on whether such injuries would justify the charge of assault and causing grievous bodily harm,” said Jamal who is a Somali National.

In the case, Jamal who is also an American citizen is charged with assaulting and causing grievous harm to politician 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 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 defence tabled their oral submissions.

The prosecution called all the witnesses who testified in court before closing the case.

Hussein 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 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.

Makadara Law Courts Magistrate Eunice Kimaiyo will rule on that application on November 9, 2018.