By WINSTONE CHISEREMI
Chief Justice Martha Koome has ordered outgoing Eldoret High Court Judge Stephen Githinji to give a priority hearing and determination to the murder case of slain Moi University medical student Ivy Wangeci who was brutally killed on April 9, 2019.
In a letter addressed to Justice Githinji, Koome who is also the President of the Supreme Court of Kenya, has directed that the hearing of the case be completed before October 1, when the judge is expected to officially report at his new work station in Malindi following transfer.
The CJ also noted that in case the hearing will not be complete within the prescribed period, Justice Githinji will be allowed to travel to handle the case in Eldoret to avoid further delay of the case that kicked off last month.
Koome’s directive comes following a letter written to her by Kiroko Ndegwa, the lawyer representing the late Wangeci’s family, complaining of the delay of the case since 2019.
In the event that the hearing is not completed
“I write to bring to your lordship’s attention the contents of the attached letter by Triple N W & Co. Advocates dated July 30, 2021. In view of the request and in the interest of justice, kindly consider giving the matter a priority hearing date. In the event that the
hearing is not completed by October 1, 2021, authority is hereby given to your Lordship to travel to Eldoret and complete the matter,” read the letter by the slain family’s lawyer.
Advocate Ndegwa noted that there had been delay in getting to the hearing of the murder case against the accused Nafatli Kinuthia.
Ndegwa argued that the murder trial had failed to kick off five times in a row at the High Court in Eldoret before finally starting last
month.
“The hearing of the matter had been delayed for two years at the instance of the defense side. The hearing finally commenced on July 8, 202. A further hearing was conducted on July 22, 2021 with eight key witnesses testifying. The case is slated for further hearing on December 15,” noted Ndegwa.
The matter
Ndegwa also requested the CJ to allow Justice Githinji who has been in conduct of the matter since inception to continue handling the matter to conclusion to avoid further delays on the same or possibilities of having a fresh trial.
“The new judge will not have had the opportunity of interacting with the eight witnesses who have so far testified thus the possibility of requesting for commencement of a fresh trial leading to further delay of the matter,” read Ndegwa’s letter.
Ndegwa further stated that “On the other hand, proceeding with the trial in reliance on the evidence on record by another judge without recalling the eight witnesses may occasion an injustice particularly because the said judge will not have the opportunity to interact with the witnesses and a misapprehension of facts may emanate hence necessitating an appeal from either side.”
Wangeci’s mother, uncle and former classmate
Among the witnesses who have testified in court include the late Wangeci’s mother and uncle, her former classmates and security guards from the Moi Teaching and Referral Hospital (MTRH) who witnessed the incident which occurred just next to the hospital.
The letter also noted that the delay of the matter has attracted a lot of public outcry “because the murder happened in broad daylight and in the glaring eyes of the public.”
Scheduled hearing
During a failed hearing of the case on May 27, Wangeci’s family who had travelled from Nairobi for the scheduled hearing expressed their fear that the fifth postponement of the case might cause delay in justice or no justice at all.
The distraught family termed as deliberate delay tactics by the accused person, while calling for speedy justice for their deceased
daughter.
Kinuthia’s two lawyers had stepped down from representing him, forcing the court to appoint another pro bono lawyer before the case would kick off.
Ndegwa had lamented that despite the family and the eight witnesses attending all the past five court sessions in anticipation of
commencement of the hearing, the defense has occasioned the delay.
Winfred King’ori, Wangeci’s mother, expressed her frustration by the turn of events.
Nobody cares
“Since 2019 I have always wished I was born in another country where there is justice. What I have learned through this process is that the accused people in the cells have got rights but the victims have no rights and that is why nobody cares about the emotional or financial distress you go through,” King’ori told the press in May.
Before the May scheduled hearing, the case had been set up for a 3-day hearing on March 23 to March 25.
But Kinuthia’s then lawyer Henry Kenei had told the court that he had been instructed to represent the accused just a day before and was yet to be supplied with the statements in the case.
“Your honor, I am not ready to proceed with the case today because I was instructed to appear on record for the accused yesterday. I seek the indulgence of the court and request that we be favored with another date,” said Kenei.
Adjournment to March 26, 2020
The case had at first been adjourned in November 2019, after Kinuthia through his lawyer Mbiu Kamau asked the court for time to pursue a plea bargain with the Director of Public Prosecutions (DPP).
The court consented the adjournment to March 26, 2020. The hearing was later pushed to October 28, 2020.
When the case came up for hearing in October, Mr. Kamau informed the court that he was not feeling well and the case was mentioned on the next day, October 29 where the three days of March 23-25 were given for the trial.
Mr. Kamau later stepped down from representing his client.
Kinuthia is accused of hacking to death the medical student just outside the MTRH.
Following Koome’s directive the hearing date has been reviewed to September 23.
