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A court has ordered a man at the centre of an assault case involving an American national to avail a medical report after missing a hearing.
Nakuru Chief Magistrate Bildad Ochieng ordered Sam Achishire to provide the court with the medical reports after state counsel Loice Murunga informed the court that he was unwell.
“I am not ready to proceed with the case because the complainant is unwell, I have two witnesses before the court but would wish to start with the complainant,” Murunga informed the court.
Jacqueline Mark Damon, 73, objected to the application by the prosecution insisting that other witnesses in the case were present in court and should be allowed to testify.
Jacqueline, an investor and co-owner of Mawe Mbili Ltd, is accused of assaulting Achishire, an employee of her ex-husband, Jean François Damon.
Achishire, 32, as per the charge sheet claims he was assaulted on January 29, 2021, at around 1700 hours at Sleeping Warrior Lodge area in Gilgil Sub-County within Nakuru County.
Jacqueline denied the charge and was released on a Sh10,000 cash bail with an alternative bond of Sh20,000.
She was later arrested on May 1, 2024, before being arraigned in Nakuru Law Courts on May 2, 2024.
The court had referred the case to the Alternative Justice System (AJS) for possible out-of-court resolution.
However, the attempts at the AJS process were in vain forcing the matter to be returned to court.
“I am inclined to allow for adjournment but the prosecutor advises the complaint to avail treatment on the hearing date,” the court ruled.
Jacqueline had initially filed a complaint at Elementaita Police Station, accusing Achishire of assaulting her on July 29, 2021.
However, police inaction has been recurring, with officers allegedly refusing to book her complaint.
Frustrated by the lack of action, Jacqueline allegedly wrote to the Office of the Director of Public Prosecutions (ODPP) and the Independent Policing Oversight Authority (IPOA), seeking intervention.
The will be heard on November 19, 2024.
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