Cabinet Secretary appointee for the position of Public Service, Gender and Affirmative Action Aisha Jumwa faced hurdles in her bid to settle the murder case out of court following delayed submission of agreements with the deceased family.
The High Court in Mombasa heard that the Jumwa defence team had not furnished the Director of Public Prosecution (DPP) with specific details regarding their plan to settle the matter out of court.
DPP, through Senior State Counsel Vivian Kambuga, informed High Court judge Anne Ong’injo that the case would only be dropped after reviewing the agreement between Jumwa's side and the deceased family.
"We cannot proceed with the application for withdrawal since the defense team led by lawyer Jared Magolo is yet to provide specific information on the agreement to have the matter settled out of court with the deceased’s family," Kambuga stated.
The new developments compelled High Court judge Ong’injo to adjourn the case.
The incoming CS had earlier informed the court that she had started negotiations with the deceased family in order to compensate them.
In the new deal, Jumwa was to be turned into a State witness in the case where her bodyguard was also accused.
Demands to Jumwa
Following the fresh developments, High Court sitting in Mombasa ordered Jumwa to surrender her passport on November 30, when the case will be mentioned.
She was also ordered to appear in court physically after her legal team, led by lawyer Danstan Omar argued that she was directed to prepare for swearing-in ceremony slated for Thursday, October 27.
"Your honour, there is a possibility that the second accused person might be sworn in immediately after Parliament’s approval. They have been instructed to be on standby and that is why she is absent from court today," Omar told the court in Jumwa's defence.
Omar also informed the court that his client would still honour summons even after taking the oath of office to allow the case to be completed.
The DPP affirmed Omari's position. "Omari, one of Jumwa's lawyers, while responding to why his client was appearing virtually, said that she had to hang around State House, waiting for her appointment. Court records can confirm this," read a statement from ODPP on Thursday, October 27.
