Court allows independent medical examination on politician assaulted in Eastleigh
The court has allowed an application to have a politician subjected to independent medical examination.
Makadara Law Courts Resident Magistrate Eunice Kimaiyo on Friday ruled that neither the prosecution nor the defense will suffer any prejudice if an examination is allowed.
She, however, noted that the matter has taken a long time and it needed to be concluded.
The magistrate said that none of the parties should try to delay the case so that justice could be served.
“I have noted that this matter has taken quite sometime and I would like the parties involved to ensure that they do not try to delay the case,” said Kimaiyo.
She added that it is the duty of the court to ensure justice is served to all the parties in the matter.
“The prosecution was accorded all ample time to prosecute the accused this involving calling of witnesses and tabling of evidence to prove its case,” said Kimaiyo.
She said that as per Article 50 of the Constitution, the accused person has a right to a fair hearing which involves being accorded an opportunity to prepare for and adequately defend himself.
The prosecution had earlier opposed an application by a man accused of attempting to murder a politician to have him subjected to independent medical examination.
Jamal Mohammed, through his lawyer Abdirahman Warsame, 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 highly objected by the prosecution which noted that the court had earlier directed them to supply the defense 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 who did not want to be named.
She added that such an examination will amount to challenging the evidence the prosecution adduced in court during their case and the defense ought to have done so during that stage of the trial not now.
“Such an examination would shed light on whether such injuries would justify the charge of assault and causing grievous bodily harm,” said Jamal who is a Somali National.
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 of being in Kenya illegally.
Jamal denied all the charges and h 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 defense 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.
The matter will be mentioned on November 23, 2018 to confirm compliance.