Malindi Member of Parliament, Aisha Jumwa, has issued fresh demands in a murder case where she is accused of killing Jola Ngumbao, an Orange Democratic Movement (ODM) supporter, alongside her bodyguard, Geoffrey Otieno Okuto.
Through an application presented in court on Tuesday, February 1, the lawmaker is pushing to have the case moved to lower courts.
The vocal legislator has asked the court to transfer the case from the High court to the lower magistrates court.
Malindi MP Aisha Jumwa right) in court in October 2019 while facing murder charges
Jumwa is demanding the case restart and moved from Mombasa High court, where it is being heard, to Kilifi where the act was allegedly committed.
The filed court documents further show that Jumwa is seeking to ensure that all channels of appeal are made available to her if she is convicted.
“With the matter coming before the High Court in its original jurisdiction, the applicant is highly apprehensive that the only available avenues of appeal shall be the Court of Appeal with slim possibilities of the matter proceeding for appeal in the Supreme Court due to the court’s special jurisdictions,” Jumwa’s lawyer, Danstan Omari, stated.
Omari argued that there are no statutory requirements to warrant the start of the case at the High court.
Justifying their submissions, her legal team noted that Jumwa’s right to a fair trial would be threatened if the case is allowed to go on in the High Court.
The ailing lawmaker, who did not make it to court, also filed a supporting affidavit to back her demand to have her case heard at the magistrate court, stating that if it goes on at the High court she will be greatly prejudiced.
Jumwa has asked the court to make her application a first priority before the case is given the green light to proceed.
“The hearing of this matter should, therefore, commence before the magistrate’s court to enable me to exploit three levels of appeal in the unlikely event that the magistrate court convicts me of the offense of murder,” Jumwa stated.
She added, “the applicant prays that this court be pleased to transfer and or refer this murder trial before the Magistrate Court in Malindi for hearing and determination in the first instance as the court with the appropriate territorial jurisdictions.”
The court issued further directives instructing the chief prosecutor to file a response to Jumwa’s demands within a week.
The case is set to be mentioned in April when further directions will be issued regarding the case.
Malindi MP Aisha Jumwa and Deputy President William Ruto