Malindi MP Aisha Jumwa has lost an application to transfer her trial in the murder Ngumbao Jola from the High Court, a Mombasa court has ruled.
In her ruling Justice Ann Ong'injo said the MP's application did not raise any substantial reason under the law to warrant the transfer of the case to the Magistarte Court.
Jumwa's lawyers had argued that the case ought to have started from the magistrate court accusing the prosecution of violating the rights of the lawmaker by taking the case directly to the High Court.
“The finding of this court is that the issue of the applicant is seeking to be certified as raising substantial questions of law under Article 165 (3) (b) and (d) has already been resolved conclusively by a court of competent jurisdiction and she cannot be allowed to re-litigate the same again,” said Justice Ong’injo.
“In conclusion, the application seeking that the matter herein is certified as raising substantial questions of law is disallowed with no orders to cost,” said the Judge.
In November 2020, a three-judge bench made up of Justices Jessie Lesiit, Kanyi Kimondo and Luka Kimaru ruled that a murder trial at the magistrates’ courts grants the accused persons a one-step appeal at the high court.
The judges argued that initiating murder trials at the magistrates’ court will significantly lower the costs of trial, reduce the distance to court and expedite delivery of justice.
Jumwa had through her lawyers Dan Osoro, Jared Magola and Shadrack Wamboi cited the three judge bench ruling arguing that their client will be disadvantaged if the case starts with the High Court which is supposed to act as her first step in her appeals if she is aggrieved by the lower court.
She argued that the Constitution does not differentiate between cases tried before a High Court and Magistrate Court with regards to rights of arrested and accused persons.
Jumwa and her former bodyguard Geoffrey Okuto were charged with the murder of Jola who was shot and killed in October 2019 at the home of current Ganda MCA Reuben Mwambire.
They both pleaded not guilty to the charges and are out on bail.
Okuto had also opposed Jumwa's application to transfer the case to Malindi Magistrate Court arguing that if the MP's application was granted it will cause an unnecessary delay of the trial.
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