Somali national has been found guilty of assaulting a Kenyan politician and causing him permanent disability.
Makadara Law Court Resident Magistrate Eunice Kimaiyo ruled that Jamal Mohammed assaulted Hussein Mohammed who contested for 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.
She said that indeed Hussein was assaulted and there was sufficient evidence to support the case against the accused.
“The evidence filed by the prosecution is solid and I have no doubt that Hussein was assaulted,” said Kimaiyo.
Through his 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 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 surrogacy 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.
Jamal who is also an American citizen had been accused of assaulting Hussein outside a Mosque at Eastleigh Nairobi County.
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 Sh300, 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.
Hussein said that Jamal used his metallic sports boots and stepped on him afterwhich he felt down. The accused later removed a 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