Somali national accused of beating up a Wajir politician outside a Mosque in Eastleigh will go on trial before travelling out of the country.
Jamal Mohammed had asked senior resident magistrate Eunice Kimaiyo to release his passport to enable him to travel to the UK to have a kid with his wife through surrogate.
During the hearing on Friday, prosecution counsel Daniel King’ori opposed his application stating that he did not prove that he was a businessman and a frequent visitor to the country.
“Your honour if the accused person is allowed to travel, he might not return as he faces a serious offence that if found guilty, he risks a life sentence jail term maximum”, King’ori told the court.
The prosecution expressed that Jamal’s application was a delay tactic of the hearing that was so close to being heard. Jamal claims that he wants to have a kid with his wife through a surrogate in the UK.
The prosecution added that the suspect is in no way involved in the said procedure as he has not shown any documents to prove in court.
Jamal, however, said he was not a flight risk as he had another wife in the country.
In his application, he had pleaded with the court to release his passport saying that his wife was in the UK and they have been trying to conceive a baby through natural means for years but in vain.
He claimed they had scheduled a procedure medically to be done in the UK and were to meet the surrogate mother on June 21.
Jamal who is also an American citizen is charged with assaulting and causing grievous harm to a former Wajir south aspirant Hussein Muhamed.
He allegedly committed the offence on September 17 at Eastleigh 7th street in Kamukunji. He was also charged with being in Kenya illegally.
Jamal denied all the charges and is out on a Kenyan surety bond of Sh300, 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.