Warder accused of assaulting policeman wants to be tried in a Kadhi Court

By Nderitu Gichure

Nyeri, Court: A prison warder accused of assaulting a police officer Tuesday stunned a Nyeri court when he said he is a Muslim  and believes that only the Kadhis court has the jurisdiction to try him.

Isamil Jacob Saningo Kubash, a prison warder in Mandera, told Nyeri resident magistrate Catherine Mburu that being Muslim, his cases should not be handled by the normal magistrate court but by the Kadhis.

“Your honour being a Muslim, my case should not be heard by this court but by the Kadhis court,” Kubash said.

Kubash was charged that on November 25 at Nyeri police station, he assaulted Geofrey Oloo, a police officer who at the time of assault was acting in the execution of his duty.

He also faced a second count of creating disturbance in a manner likely to cause a breach of peace by chasing his wife Saadia Adam using a Somali sword.

The prosecution led by Stancelous Mwangi told the court that on the material day at around 12.00pm, the complainant was at the station when he received a client who was being chased by her husband.

It was at this juncture that Oloo intervened to save the wife when the accused who was armed with a Somali sword grabbed the officer from the collar shirt and wrestled him on the ground.

“When he was down, the accused continued to rain blows and kicks before he was rescued by his colleagues”, Mwangi said.

Eventually the officers were able to disarm the accused before detaining him at the station and took the sword which was to be produced as exhibit in court.

Mwangi said the officer sustained injuries on the eye and his left arm before he was taken to hospital where he was treated and discharged.

The accused denied both offences and was released on a Sh200,000 bond with a surety of similar amount.

The case will be heard on December 16 and mentioned on December 10.