DPP Haji Hands Aisha Jumwa Reprieve Ahead Of Vetting In Parliament

Jumwa who was battling graft charges of conspiring to commit fraud had her charges withdrawn under section 87 (a) of the Criminal Procedure Code (CPC).

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Oct 12, 2022 - 10:07 Updated: Oct 12, 2022 - 10:09
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DPP Haji Hands Aisha Jumwa Reprieve Ahead Of Vetting In Parliament
Collage of DPP Noordin Haji and Public Service CS Nominee, Aisha Jumwa. /FILE

Public Service Cabinet Secretary nominee Aisha Jumwa has been handed a relief after the Director of Public Prosecutions (DPP) on Wednesday, October 12 withdrew a Ksh19 million corruption case against her.

According to reports, Jumwa who was battling graft charges of conspiring to commit fraud had her charges withdrawn under section 87 (a) of the Criminal Procedure Code (CPC). This allows a public prosecutor to withdraw prosecution of any person at any time before judgment is delivered.

Senior state counsel Alex Akula, who was representing the prosecution, revealed to Mombasa Chief Magistrate Martha Mutuku that he was under instructions to apply for the charges against Jumwa to be dropped.

Former Malindi MP Aisha Jumwa. /DAILY NATION

"I have instructions to move the court with an application on review of charges and that is specifically on the first accused person the final directive is to have her name removed and the case against eight suspects who had been charged alongside Jumwa to proceed," Akula said.

However, the case of eight others who were charged against Jumwa will continue.

Jumwa's lawyers, led by Jared Magolo, welcomed the move. However, they sought an apology from the government for charges levelled against her.

Mutuku further ordered the matter to be mentioned before her court to facilitate the DPP's removal of Jumwas name from the charge sheet and allow eight other suspects to plead afresh to the new charges.

Jumwa was accused alongside Wachu Omar, Kennedy Otieno, Bernard Riba, Sophia Saidi, Margaret Kalume, Robert Katana and Multiserve Contractors in an accusation alleged to have taken place between May and October 2018 in Malindi constituency, Kilifi County.

The case is set for further mention on Monday, October 17, 2022.

Jumwa is among President William Ruto's Cabinet Secretary nominees with active court cases. She becomes the second CS of the sort after her Agriculture nominee counterpart Mithika Linturi had a case filed against him by a woman who had accused him of attempted rape withdrawn on Monday, October 3.

Both of them are set to be vetted by the National Assembly and the moves come as blows to the Azimio la Umoja coalition which had directed their Members of Parliament to withdraw the approval of Cabinet Secretaries (CS) who were nominated by President Ruto and have pending legal cases.

Speaking during a press briefing on Friday, September 30, Wiper leader Kalonzo Musyoka revealed that the nomination was not done procedurally and that it had ignored competencies as well as personal integrity.

"Nomination was not procedurally done, on the basis of competencies and personal integrity and we shall direct our MPs to withhold approval of those who do not meet the Chapter Six threshold of our Constitution," he said.

Meanwhile, 15 MPs have been selected to vet the nominees before appointment to Cabinet, and among the chosen lawmakers is Suna East Member of Parliament and Minority Whip Junet Mohamed.

Other members nominated to the committee of appointments were Nelson Koech, Rahab Wachira Mukami, Dido Ali Raso, George Gitonga Murugara, David Gikaria, Ferdinand Wanyonyi and Mary Emaase.

Abdul Rahim Dawood, Caleb Amisi, Stephen Mule, Abdi Shurie, Naisula Lesuuda, David Pkosing, and Mishi Mboko, were also included in the committee.

Junet Mohamed with former Mombasa Governor Hassan Joho. /TWITTER.JUNET MOHAMED

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