Court declines to release passport of man charged with assaulting Wajir politician
A Nairobi court has declined to release the passport of a Somali national who is charged with assaulting a Wajir politician in Eastleigh, Nairobi.
Jamal Mohammed, who is accused of assaulting Mr. Hussein Mohammed outside a Mosque at Eastleigh’s 7th, had asked for his passport, claiming that the prevailing security situation in the country, does not allow him to walk around without identification documents.
“I request the court to release my passport due to security concerns within the country at this moment,” said Jamal through his lawyer Abdirahman Warsame.
Jamal’s grounds for the application were, however, not convincing to the court, prompting Makadara Resident Magistrate Eunice Kimaiyo to dismiss the application.
The accused surrendered his passport to the court at the beginning of the trial as a condition for him to be released on bail after the prosecution argued that he was flight risk.
In the case, Jamal, who is also an American citizen, is charged with assaulting and causing grievous harm to Wajir politician Hussein.
He is alleged to have assaulted him outside a Mosque leaving him with serious injuries on the left leg. He was also charged of being in Kenya illegally.
Hussein Mohammed, who testified in the case, said that Jamal attempted to kill him on September 17, 2017 at Eastleigh 7th street in Kamukunji.
He said Jamal used his boots to step on him after he fell to the ground, leaving him with serious injuries on the left leg.
Jamal denied the charges and is out on a Kenyan surety bond of Ksh.300,000.
Last year on November 9, the court allowed an application by Jamal seeking to have Hussein subjected to independent medical exam to ascertain the extent of the injuries he suffered from the alleged assault.
The parties after brief consultation agreed that the said examination be conducted at Nairobi Hospital on January 24, 2019 at 2pm.
At the same time, Magistrate Kimaiyo directed Jamal to prepare expeditiously for their defense hearing February 14, 2019.