Prosecution complains assault suspect is deliberately delaying trial

Abdihakim Jama in the dock at the Makadara Law Courts.

Photo credit: Joseph Ndunda | Nation Media Group

A state prosecutor handling a case where a Somali National has been charged at the Makadara Law Courts with assaulting a British national accused the suspect of delaying the hearing of the case.

Prosecution counsel Remyngtone Mwandawiro told Senior Principal Magistrate Helen Onkwani that Abdihakim Jama is changing lawyers to tactically delay the case.

Jama who is charged with assaulting and causing actual bodily harm to Ayni Muhammud in Eastleigh, Nairobi had hired lawyer Mercy Mumbu to represent him during the trial after dropping the advocate

This is the third time that the accused person is changing lawyers on the hearing dates.

Mwandawiro said he was ready to proceed with the hearing stating that he had three witnesses present in court to testify but Mumbu said she needed time to familiarize herself with the case as she had just received instructions from her client.

Jama is charged with assault where he is accused of injuring Muhammud on October 19, 2021 in contravention of section 251 of the Penal Code.

 Some prosecution witnesses including the complainant have already testified in the case.

Only the three witnesses – a clinical officer, the officer who arrested the suspect and the colleague investigating the matter are yet to testify and were in court to give evidence before Ms Okwani adjourned the trial.

The complainant told the court that the swapping of advocates by the suspect is mischievous and intended to delay the wheels of justice.

Through her lawyer Albert Kuloba, Ayni said the manner in which the defense was handling the matter is a hindrance to speedy justice.

She urged the court to allow the matter to proceed as had earlier been directed.

Jama’s lawyers were pleading for the matter to be pushed further but Okwani said the hearing date remains November 24 for purposes of fairness to all parties in the case.