A Somali national has been sentenced to three years imprisonment with no alternative of a fine for assaulting and causing permanent disability to a Wajir politician.
In a judgement delivered on Friday by Makadara senior resident magistrate, Eunice Kimaiyo ruled that Jamal Mohammed assaulted Hussein Mohammed, who contested for Wajir Parliamentary seat in 2017.
“I find the accused guilty of assault and causing grievous harm to complainant Hussein Mohammed and I sentence him to serve three years in jail with no fine,” ruled Kimaiyo.
In the case, Jamal had been accused of assaulting Hussein outside a Mosque at Eastleigh Nairobi County on September 17, 2017, and broke his left leg.
Hussein testified that the accused attempted to kill him by using his metallic sports boots and stepped on him when he fell down.
The accused later removed the knife and stabbed him on the neck.
The magistrate also considered the probation report, victim’s concerns and mitigation by the defence before sentencing the accused.
Through his lawyer Cohen Amanya, Jamal pleaded with the court to grant him bond pending an appeal of his sentence saying that he has a wife in Kenya and a young child.
It was however objected by the prosecution saying he was a foreigner hence a flight risk.
Additionally, the prosecution submitted that the said application was premature since the defence was yet to lodge a substantive appeal at the High Court.
The prosecution further said this was contradictory because earlier, Jamal had told the court he has no child and that he wanted to travel to UK for surrogacy.
In an earlier application seeking the release of his passport, Jamal had requested the court to release his passport to enable him to travel to the UK to have a kid with his wife through a surrogate, 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 the court.
The passport had been deposited in court at the beginning of the trial.
“The accused is a first offender and he has been cooperating with prosecution by attending all court proceedings,” said Amanya.
He 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 and a young child.
The court, however, dismissed Jamal’s application saying he failed to sufficiently convince the court on the necessity of their bond application.
He was also charged of being in the country illegally.
Source: The Star