A Somali National accused by a Kenyan Politician of assault yesterday told a Makadara Court that he was not ready to present his evidence to court and therefore requested for an adjournment.
Jamal Mohammed who was placed on his defense last time said that he is going to call five witnesses who will testify in his favor in the case.
Through his lawyer Cohen, Jamal said that some of his witnesses would be coming from far and therefore not able to attend court to testify in the case.
He made an application for adjournment before Magistrate Eunice Kimaiyo claiming that there were 5 of his witnesses who were not in court.
The prosecution had opposed an application for adjournment saying that this was a well-planned plot to delay the case because if the witnesses were not available, the defense could have called upon the accused to give his evidence.
“Since the accused is present in court, he can as well give his testimony instead of calling for other witnesses, “said prosecutor.
Magistrate Kimayio said that she will allow an application by the defense because it the first hearing but they should avail all the witnesses on September 11,2017.
On July 2, 2018, the court ruled that Jamal had a case to answer in causing grievous harm.
At the same time Kimaiyo acquitted him of the charges of being unlawful in the country on the grounds that the prosecution failed to table enough evidence to court.
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 Mohammed who testified in the case said that Jamal attempted to kill him on September 17 at Eastleigh 7th street in Kamukunji.
He added that Jamal used his boots and stepped on him where he felt down. The accused later removed the 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.
Jamal who is also an American citizen is charged with assaulting and causing grievous harm to politician Hussein Mohammed.
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 Sh 300,`000.
Police said the accused after committing the offence disappeared from his hotel room and only surrendered before police after he knew he was wanted and could not travel out of the country.