Chief Magistrate of Mombasa Law Courts Edna Nyaloti was forced to flee after a defilement suspect arraigned before she turned violent.
Ismael Mustafa, who appeared before Nyaloti in an open court, attempted to beat the magistrate up, forcing Nyaloti to run into the court chambers for safety.
Mustafa overpowered prison wardens and charged at Nyaloti, who was seated a few meters away. He was, however, subdued by the court orderlies, who handcuffed and whisked him away.
This is the second time the same suspect is attempting to harm the Chief Magistrate.
In August 2020, Mustafa surged towards Nyaloti, when she was jotting down proceeding notes. The Chief Magistrate was, as a result, forced to scamper for safety, leaving her shoes behind.
Nyaloti had, shortly before the Wednesday incident, ordered prison wardens, who had escorted the suspect to court, to handcuff him after he exhibited violent behavior during the August court session
“Court orderlies, restrain the suspect by handcuffing him. He had previously attempted to attack me,” ordered Nyaloti.
Mustafa, however, went berserk and resisted being contained. He, instead, charged at the magistrate after overpowering the prison wardens.
The court orderlies, however, wrestled Mustafa to the ground and handcuffed him before he could reach the magistrate’s desk.
The suspect was, thereafter, escorted out of court.
The suspect is accused of sodomizing a three-and-a-half-year-old child in the Jomvu area on February 16, 2019. He denied the charge and was out on the Ksh200,000 bond.
Police records indicate that Mustafa had previously been charged with sodomizing another minor, and was sentenced to time behind bars. However, he was acquitted by the High Court after successfully appealing the lower court’s ruling.
Mustafa said the charge-sheet had been amended, and, therefore, he had a right to respond to the new charges.
Chief Magistrate Nyaloti attempted to explain to the suspect the prosecution procedure, but Mustafa wanted to hear none of it. It was then that he broke out of the dock and unsuccessfully attempted to access the magistrate whom he had vowed to teach a lesson.
Shortly before the shocking incident, the suspect said he wouldn’t allow the magistrate to hear his case.
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“Your Honour, there is no need for you to proceed with this case. I have no faith in you; I want the matter heard by another magistrate or judge. Actually, I want the High Court to decide on this matter because I feel justice is not being served and, therefore, l ask you not to proceed with the ruling (sic),” he said.
The suspect, thereafter, hurled verbal abuse at the magistrate, saying he won’t attend court sessions again until his case before Chief Magistrate Nyaloti is transferred to another court.
