WAJIR –A Somalia national facing the charge of assaulting and grievously harming a Wajir politician has been granted release on bond.
Jamal Mohamed, also an American citizen, was released by a Makadara court on a Sh300,000 bond with a Kenyan surety.
He was accused of beating Hussein Hassan on September 17 at Eastleigh’s 7th Street in Kamukunji constituency, Nairobi.
The suspect was also charged on Tuesday with being in the country illegally.
Mohamed denied all the charges before senior resident magistrate Eunice Kimaiyo.
The prosecution asked the court to deny the suspect bond saying he is a flight risk. They said he left his hotel room after allegedly attacking the complainant.
The prosecution also told the court that being an American citizen means the suspect has no fixed abode.
It was also said he will likely interfere with witnesses.
“He may faced danger from members of the public who might hurt him due to his community,” the prosecution further said.
Mohamed, through his lawyer Cohen Amanya, opposed the prosecution’s application against bond.
The magistrate noted the constitutional right to be granted release and added the prosecution failed to prove the accused, being a tourist, is a flight risk and can tamper with witnesses.
“I reject the idea that the accused should be remanded and not granted bail for their own safety, security and good,” she said.
“Any accused person released on bail has his constitutional rights secured and protected. No member of the public can try to punish him.”
Following the ruling, Hassan was ordered to deposit his passport in court until the case is determined.
The Somali, American Embassy and the Immigration department will be notified.
The case will be heard on January 23, 2018.
