Nyeri magistrate Pauline Omung’ala on Tuesday denied murdering her husband, lawyer Robert Chesang’.
Omung’ala and her three co-accused Richard Moru, Lawrence Lempesi and Peter Maundu appeared before judge David Kemei in the High Court in Machakos.
The magistrate had, before taking the plea, sought to have the case transferred to another court, arguing that Kemei, state counsel Cliff Mochogu and the entire investigation team were from the deceased’s community.
She said this might compromise the outcome of the case and deny her justice.
She claimed one of the deceased’s family members sent her a text message bragging that it was just a matter of time before she is hanged.
Omung’ala and her co-accused are accused of killing Chesang’ at their Boke Gardens house in Lukenya, Athi River.
The court ruled they were fit to take the plea after undergoing a mental check-up at Mathare Mental Hospital.
“I write to confirm that I did a mental assessment at Mathare Mental Hospital and therefore confirm that Pauline Omung’ala is fit to take the plea. She is in good mental status,” Kemei read a document from Mathare Mental Hospital on Omung’ala’s mental assessment.
Her lawyer, Osiemo Odero, told the court to consider the application for the matter to be heard before another judge.
“My client has expressed her reservations on the threats she has been exposed to. As she has put it out, in order to expel apprehensions so that all parties deem justice to have been done, we kindly ask the court to look into the application,” Odero said.
“We are willing to go before any of your colleagues just to cast out any doubts. We are not questioning the integrity of this court. I will confirm that I have the utmost faith in you to do justice. Consider our application.”
Kemei said he does not know any of the accused.
Mochogu said the application should be dismissed. “I oppose the first accused’s application. It does not mean that by taking the plea, this court is going to hear this matter. Taking the plea alone will not prejudice the first accused. She can file a terminal application requesting this court to excuse itself. What has been submitted here are just speculations. The application must be well founded,” Mochogu said.
He asked Omung’ala’s lawyer to make a formal application.
Odero argued that the trying process starts from plea taking. “It is very important that at the onset of this trial, we alienate any fears that may cloud the mind of the court. If at all the learned friend wants me to put my views in a written affidavit, I will do so. We humbly request this court to ensure we do not start from a wrong footing.”
The judge said, “Before I deliver the ruling on the application, this date was just to take the plea. Thereafter, we will proceed to other matters, including mentions and hearings.
“We have two judges here in court, one is on leave and myself. He will be back on May 27. The counsels have to wait since justice must be done,” he said.
He directed the matter to be heard on May 29 before another judge.
Kemei ordered Omung’ala to continue being remanded at Athi River police station pending her bail application’s determination.
(Edited by Eliud Kibii)
