Malindi Member of Parliament, Aisha Jumwa, has issued new demands in the Ksh19 million graft case facing her.
Through her submission in court on Friday, December 3, the outspoken lawmaker asked the court to start afresh the whole process of hearing the matter.
Explaining the reason behind her demands, Jumwa argued that the Magistrate who was presiding over the case was transferred.
Through lawyer Danstan Omari, the vocal legislator told Mombasa Chief Magistrate, Martha Mutuku, that starting afresh would allow for the observation of the demeanour of the witnesses lined up against her.
“We propose that the case starts afresh so that the court can observe the demeanour of witnesses. That’s the position of the entire defence,” Omari stated.
Jumwa is implicated in Ksh19 million fraud case where she is accused of taking part in unlawful transactions in the Malindi National Government Constituency Development Fund (NG-CDF).
She is accused together with other officials from Malindi. According to the court documents, the offense is said to have been committed between May 14 and October 12, 2018, in Malindi.
She was since charged with conflict of interest, acquisition of proceeds of crime and money laundering. In the previous hearing, Jumwa and the co-accused denied the charges.
However, Jumwa plans to start the case afresh was countered by the prosecutors' side who maintained that the prosecution should pick up from where they left.
They told Justice Mutuku that three witnesses had already taken to the stand and they had lined up 17 others.
According to Section 200 of the Criminal Procedure Code, an accused person is granted freedom to call for starting afresh of a case.
Bearing that in mind, the Mombasa Court directed the matter to be mentioned in January for determination and directions.
