In two weeks in a row, two cases linked to Malindi MP Aisha Jumwa have been pushed to August and September.
Jumwa is facing a murder charge and a Sh19 million graft case.
The first-time Malindi MP, who is eyeing the Kilifi governor seat on a UDA ticket, has said the two cases are politically instigated.
On Monday, a case in which Jumwa and six others are charged with graft was postponed to August 15, after her counsel applied for the matter to start afresh.
Danstan Omari, Jumwa’s lawyer, applied to have the case begin afresh after trial magistrate Edna Nyaloti was transferred to Nakuru law court.
The matter is now being handled by Mombasa chief magistrate Martha Mutuku, who allowed the application to have the case begin afresh from August 15 through to August 17.
Omari said postponement will give Jumwa ample time to campaign for her gubernatorial bid.
He said her client was worried that her opponents would use the case against her for political mileage.
One of Jumwa’s other lawyers, Cliff Ombeta, is also involved in the campaigns. He is seeking the Bonchari MP seat on a UDA ticket.
On Monday, Mutuku allowed Jumwa to recall all the witnesses for fresh examination when the matter resumes on August 15.
Jumwa and six co-accused Wachu Omar Abdalla (Malindi CDF account manager), Kennedy Otieno Onyango and Bernard Riba Kai are accused of embezzlement of Sh19 million from the Malindi CDF office.
Others co-accused are Sophia Saidi Charo and Margaret Faith Kalume, who are members of the Malindi Tender Evaluation Committee, as well as Robert Katana Wanje, a director of Multserve Contractors Limited.
Together, they are charged with 13 offences, including forgery, fraud in procurement and money laundering.
Last week Monday, Jumwa appeared before a Mombasa court for two days in a murder charge against her and her bodyguard Geoffrey Okuto.
Jumwa and Okuto are accused of killing Ngumbao Jola on October 15, 2019, at his home in Ganda ward in Kilifi.
The deceased was the uncle of the current Ganda MCA Reuben Katana.
The incident occurred during the Ganda ward by-elections in 2019.
However, two days into the hearing of the case, Jumwa’s lawyer accused the state of trying to introduce new evidence into the matter.
Jumwa’s advocate, Omari, accused the state of "sitting on the evidence since 2019, only to ambush the defence counsel in court.”
Omari called for the adjournment of the case until they are furnished with the copies of all the evidence.
Corporal Sikuku Mayumbe,who is attached to Crime Scenes Investigations in Malindi, presented before the court a copy of the crime scene report.
She also presented a ballistic and autopsy reports attached with 182 digital images.
Sikuku said she used the crime scene report and the autopsy report to reconstruct the scene.
Following the argument, Lady Justice Anne Ong’injo of the Mombasa High Court adjourned the trial to September 26 to 29 this year.
“Some evidence seems not to have been disclosed to the defence counsel. The application to adjourn is hereby granted,” Justice Ong’injo said.
On Monday, the DPP Noordin Haji handed politicians a major reprieve after he slammed the brakes on their prosecution over graft until after the August polls.
The DPP, in an exclusive interview with the Star, said his office has halted approval of corruption files linked to any politician during the electioneering period.
"We don’t want to be accused of making decisions based on political leanings,” Haji said.
The DPP said his office will uphold international best practices on the prosecution of politicians accused of corruption, especially during election campaigns.
“As ODPP, we have a policy that in the run-up to the election, political files will not be acted on until after the election. This is the practice globally,” he said.
(edited by Amol Awuor)
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