Court Drops Murder Charges Against CS Aisha Jumwa

The High Court in Mombasa has formally withdrawn murder charges against Public Service Cabinet Secretary (CS) Aisha Jumwa.

With the new developments on Wednesday, December 21, Jumwa will testify as a state witness in a case in which she was co-accused of murder alongside her bodyguard, Geoffrey Otieno Okuto.

The Office of the Director of Public Prosecutions (ODPP) had on Wednesday, November 30 filed an application seeking to have the case withdrawn, approving a request from Jumwa's lawyers to have the charges against her dropped.

Judge Ann Onginjo, therefore, revealed that the court will not entertain the charges.

"In consideration of the oral application made by the ODPP in November, followed by a letter from Coast Region Coordinator Hassan Abdi, Jumwa is hereby discharged from the proceedings," she announced.

She however warned that Section 87(a)1, under which Jumwa was discharged did not stop the state from prosecuting her in the future.

Jumwa's lawyer, Danstan Omari, disclosed that the CS was relieved that the charges against her were dropped.

“We are very grateful for the state after reviewing the evidence provided and came to a conclusion. I want to thank the court for indulging us this far and allowing us to engage in reviewing the charges,” he stated.

“It has shuttered the family and a number of her social life but we appreciate the state conclusion."

CS Jumwa, who was accused of killing Gumbao Jola in 2019, will be turned into a state witness against Okuto after making an oral application to that effect.

Omari had argued that the evidence against her was not enough to sustain the murder charges against her. In addition, it was argued that Jumwa does not own, nor has she ever used a gun.

“It is in the line of duty of the DPP to apply for the withdrawal of a matter before the court, the ODPP has powers to discontinue criminal proceedings,” Omari stated.

On Tuesday, October 18, the prosecution told the Mombasa High Court that the family of the deceased requested to settle the matter out of court.

Senior State Counsel Vivian Kambaga revealed to the court that the prosecution had received a sworn affidavit from the deceased's family over the matter.

"Your honour the prosecution has received a letter from the family requesting us to drop the charges since the family wants to settle the matter out of court," Kambaga told the court.

According to Kambaga, the decision by the family to withdraw the charges against Jumwa (the second accused person) is because she is not the principal offender in the matter.

"The victim's family was desirous of having the matter settled out of court considering that the second accused was not the principal offender in this matter. The ODPP has received these prayers and it's being considered at the moment, and we will be able to come back to you with an informed decision and next course of action," Kambaga added.

The former Malindi Member of Parliament (MP) thereafter wrote to the DPP, Noordin Haji and the court requesting to become a state witness. By the two parties granting her request, she would testify against her bodyguard.

Jumwa and her aide, Geoffrey Okuto, were charged with the murder of Jola, 48, in the chaos that erupted during the Ganda Ward by-election on October 15, 2019, at his home.