A Somali national accused by a Kenyan politician of assault has a case to answer, a Nairobi court has found.
Former Wajir South aspirant, Hussein Mohammed accused Jamal Mohammed of attempting to kill him on 17th September at Eastleigh 7th street in Kamukunji, Nairobi.
Kibera Law Courts Senior Resident Magistrate Eunice Kimaiyo Law Court ruled that Jamal has a case to answer in causing grievous harm charges and placed him on his defense.
However, the Magistrate acquitted Jamal, an American citizen, of the charge of being unlawfully present in the Kenya on the grounds that the prosecution failed to table enough evidence in court.
In his testimony, Hussein told the court that Jamal assaulted him because he wanted to be paid Sh 337,000, the cost he incurred after they sold a machine they had bought together and subdivided the profit.
“Two days after the incident the accused called me and said that he wanted to apologize for what he did to me,” Hussein testified.
He added that the accused stepped on him with his boots after he fell down. “He then removed a knife and stabbed me on the neck,” he added.
According to the police, the accused disappeared from his hotel after committing the offence and only surrendered to the police after learning that he was wanted and could not travel out of the country.
The court also heard that the accused surrendered himself to the police station two days after the incident where he was arrested immediately.
Jamal had requested the court to withdraw the charges claiming that the complainant had not produced the X-RAY report to court which will be used as evidence.
The accused said that Hussein witnesses gave contradictory information to court regarding the incident.
Jamal had told the court that the witnesses who testified in court did not identify the hood that they claim he was wearing at the time of the attack.
However, the complainant said that it is not in doubt that the witnesses identified the person who committed the offence since it was around 9 pm and the street lights were on.
The matter will be hear on July 13, 2018.
