A chief magistrate has summoned a Principal Secretary (PS) to answer charges of wife battering.
Milimani chief magistrate Susan Shitubi directed Julius Korir, who is the PS in the State Department of Devolution, to appear in court on February 10, 2022 to plead to an assault charge filed against him by the Director of Public Prosecutions (DPP) Noordin Haji.
Ms Shitubi issued the summons after Mr Korir failed to turn up in court as required by Kilimani Police Station which investigated the case.
The magistrate gave the orders following an application by a prosecuting counsel Ms Alice Mathangani.
In her plea Ms Mathangani urged the magistrate to issue summons to Mr Korir to attend court to answer criminal charges related to gender violence.
“I urge this court to issue summons to the suspect herein to attend court within 10 days to answer the charge as presented by the Investigating officer,”Ms Mathangani urged.
She said the summons will be served through the DCIO’s office Kilimani Police Station.
Ms Shitubi allowed the prosecutions’ request and ordered Mr Korir to appear before court on February 10,2022.
The prosecution of Mr Korir follows a decision of the high court that he be tried for assaulting his wife.
Mr Korir had filed a case seeking to block the DPP from instituting the criminal case against him.
Justice Antony Mrima ruled that the application by Mr Korir against the DPP was without merit.
The PS argued his prosecution was illegal, in bad faith, and an infringement of his constitutional rights.
Justice Mrima ruled that the prosecution was justified in prosecuting him for allegedly assaulting and injuring his estranged wife when she was pregnant as that was the only way the truth will be known.
“The petitioner has not shown how the DPP violated the constitution by authorizing his prosecution. Further, if the court quashes or grants the orders sought, it will frustrate the rule of law,” Justice Murima ruled.
The PS had also argued the case was being used to coerce him to settle a matrimonial property score.
Judge Murima set aside earlier orders issued last February 24 temporarily shielding him from arrest and subsequent prosecution.
Evidence presented before Justice Mrima showed the PS’s wife reported the assault incident to Hardy Police Station in Karen on November 20, 2018, under OB 40/20/11/2018.
A medical examination report dated November 20, 2018, revealed that Everlyn Chepkorir Koech suffered bruises in the abdomen, the forearm, and the legs while she was pregnant.
A P3 form, signed by the police surgeon based at the police headquarters also showed she sustained thorax and abdomen injuries.
Koech has since filed for divorce under application E015 of 2021 and the PS also faces a separate case in the children’s court, No: MCCC/E945 of 2020 where he is being asked to pay school fees and upkeep for his children.
Korir previously served in the State Department of Infrastructure in the Ministry of Transport, Infrastructure, Housing, Urban Development, and Public Works having been appointed in February 2018.