A Nairobi court has found out that a Somali national accused by a Kenyan politician of assault has a case to answer. Magistrate Eunice Kimaiyo sitting at Makadara Law Court yesterday ruled that Jamal Mohammed has a case to answer in causing grievous harm. At the same time Kimaiyo acquitted Jamal of the charges of being illegally in the country on the grounds that the prosecution failed to table enough evidence in court.
The prosecution called five key witnesses who testified before the closure of their case, both the prosecution and the defense tabled their oral submissions. Jamal had requested the court to withdraw the charges claiming that the complainant Hussein Mohammed had not produced an X-RAY report to court which would be used as evidence. The accused said that Hussein’s witnesses gave contradictory information to court regarding the incident.
He said that the investigators did not conduct an identification parade after the arrest of Jamal Mohammed. Hussein Mohammed 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 fell 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 apologise for what he did to me,” said Hussein. Hussein told the court that Jamal assaulted him because he wanted to be paid Sh337,000 the cost he incurred after they sold a machine they had bought together and subdivided the profit. He also told the court that he was introduced to Jamal by his brother and that he did not know him before.
Source: The Standard