Man found guilty of causing grievous harm to CJ Maraga’s cousin
A man who assaulted Chief Justice David Maraga’s cousin and knocked off three teeth during a fight for his children’s custody has been convicted of causing grievous harms to the victim.
Zedekiah Omari is staring at the possibility of getting a lengthy jail term after he was found guilty by the Makadara Law Courts of injuring his brother-in-law Walter Makori, who is Maraga’s cousin.
The offence is punishable by life imprisonment.
Senior Resident Magistrate Eunice Suter found Omari guilty of committing the offence on the night of November 22, 2014 during a scuffle that ensued outside his (Omari’s) residence in Utawala, Nairobi.
Makori’s broken jaw was removed with three tooth during a surgical operation at the Mater Hospital in South “B”.
Omari had also been charged with malicious damage for destroying Makori’s car, but he was acquitted for lack of evidence.
Makori and his brother Isaac Bosire had arrived at Omari’s home to rescue their sister Hellen Kwamboka who made a distress call claiming her husband had turned violent on her and their children.
The children and their mother rushed into the car but Omari emerged shouting “thieves” and attempted to take control of the car.
Omari later started pelting them with stones and hit Makori on the jaw.
They all reported the incident to police the same night.
The prosecution called six witnesses including the three siblings, Police Constable Prudent Maranga, Dr Joseph Maundu and Dr Walter Odhiambo who treated Makori at the Mater Hospital a day after the incident.
“I do find that the prosecution has proved its case beyond any doubt against the accused person (Omari) and is thus convicted of the offence of grievous harms contrary to section 234 of the penal code,” Suter said.
In his defence, Omari had claimed he was attacked by “strangers” on his way from a shop. He claimed he went to the station where he found his wife and in-laws.
Omari alleged that the case against him arises from the fact that he lost his job and his in-laws believes he is not suited as a husband to their sister.
“I have considered the two scenarios and do find that the prosecution is believable. I have also considered the injuries sustained by the accused person (Omari) which includes soft tissue injuries on the neck and bruises on the index finger,” Suter said.
“The injuries could have arisen from a struggle with the complainant as he attempted to take control of the car. If indeed the accused was attacked as he narrated, I would have expected extensive injuries on the whole body which was not the case.”
However, Suter acquitted Omari of charges of malicious damage to Makori’s car. She said the prosecution did not produce any evidence on the same.
The magistrate said she expected the prosecution to availed the vehicle inspection certificate and or quotation on its repairs but only photographs were available to the court.