In Summary

  • Prosecution alleges an attempt by the defense to  impede conclusion of the case.
  • The accused Jama has a pending case in commercial division and immigration

The prosecution in assault case involving two foreign nationals has alleged an attempt by the defense to  impede conclusion of the case.

Prosecution counsel Remyngtone Mwandawiro told magistrate Helen Onkwani that the switching of advocates representing the accused Abdihakim Saidi Jama is a tactic formulated to delay the proceedings.

According to the prosecution, the matter was slated to proceed with three witnesses present in court but defense lawyer Samson Nyaberi raised an objection that they needed time to familiarise themselves with the case.

Abdihakim Saidi Jama was charged in 2021 with with assault. According to the charge sheet, Jama on October 19, 2021, at Amaco Plaza building within Eastleigh area in Nairobi’s Kamukunji subcounty, unlawfully assaulted Ayni Muhammud thereby occasioning her actual bodily harm.

Other witnesses including the complainant have already testified in the case. The doctor, arresting officer and the investigating officer are yet to testify.

The lawyer representing the complainant Albert Kuloba,also adopted the position of the prosecution that interchanging of the advocates has impeded speedy justice.

The last time the matter was scheduled for hearing, it also failed to proceed after the defense team told court they were engaged in other court cases and pleaded for an adjournment.

The Magistrate after hearing from both parties directed the matter to proceed for hearing on Friday.

Other witnesses including the complainant have already testified in the case. The doctor, arresting officer and the investigating officer are yet to testify.

Not new to controversy

Jama is facing other separate cases pending hearing and determination in court.

In one of the cases at the Milimani commercial court, Ayni is seeking to have him compelled to refund Sh7 million which she claims was illegally taken from her business three years ago.

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