Man charged with assaulting politician wants independent medical examination done
An application by a Somali national accused of attempting to murder a Kenyan politician to have him (complainant) subjected to independent medical examination has been objected by the prosecution.
Jamal Mohammed, through his lawyer Abdirahman Warsame, on Tuesday applied to have complainant Hussein Mohammed subjected to such examination in order to ascertain the extent of the injuries he suffered from the alleged assault.
His application was however objected by the prosecution saying that the court had earlier directed them to supply the defence with all medical reports, scans, X-rays and receipts for the perusal and action.
They said that they have two medical reports from Agha Khan University Hospital and the government doctor who is a police surgeon.
“The complainant would be prejudiced by further medical examination as he is currently recuperating in Wajir,” said the Prosecutor.
She added that such an examination would amount to challenging the evidence the prosecution adduced in court during their case and the defence ought to have made the application during the trial stage.
“Such an examination would shed light on whether such injuries would justify the charge of assault and causing grievous bodily harm,” said Jamal.
In the case, Jamal, who is also an American citizen, is charged with assaulting and causing grievous harm to politician Hussein.
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 at Eastleigh 7th street in Kamukunji. He was also charged with being in Kenya illegally.
Jamal denied all the charges and is out on a Kenyan surety bond of Ksh.300,000.
The prosecution called five key witnesses who testified before the closure of their case, both the prosecution and the defence tabled their oral submissions.
The prosecution called all the witnesses who testified in court before closing the case.
Hussein, who testified in the case, claimed 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 after falling to the ground during the assault, adding that the accused later unleashed 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.
Makadara Law Courts Magistrate Eunice Kimaiyo will rule on Jamal’s application on November 9, 2018.
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