The Prosecution handling an assault case involving a Somali national and a British national has alleged an attempt by the defense to derail the conclusion of the matter.
Prosecution counsel Remyngtone Mwandawiro told Senior Principal Magistrate Helen Onkwani that the interchange of advocates representing the accused one Abdihakim Saidi Jama is a tactic to delay the case.
The prosecution was ready to proceed with three witnesses present in court but defense lawyers informed the court that they needed time to familiarise themselves with the case.
The accused 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 complainant told the court that the interchange of advocates by the defense 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.
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.
The defense once again attempted to push the matter to a later date but the magistrate declined, saying, "There has to be fairness to all parties. Matter proceeds for hearing as scheduled."
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.
