Jumwa, six others want corruption case started afresh

Aisha Jumwa

Former Malindi MP Aisha Jumwa.

Photo credit: File | Nation Media Group

Malindi MP Aisha Jumwa and six others facing corruption charges want their trial to start afresh following the transfer of a magistrate who was hearing it.

Through their lawyers, led by Mr Danstan Omari, the MP and her co-accused told Mombasa Chief Magistrate Martha Mutuku on Friday that a fresh start would allow the court to “observe the demeanour of witnesses”.

“We propose that the case starts denovo (afresh) so that the court can observe the demeanour of witnesses. That’s the position of the entire defence,” Mr Omari told the court.

However, prosecutors Henry Kinyanjui and Alex Akula said that they were instructed to proceed from where the previous magistrate left off.

They further told the court that three witnesses had already testified and that they intend to call 17 more.

Section 200 of the Criminal Procedure Code (CPC) gives an accused person the right to start the case afresh before a magistrate who has taken over from another or to have the trial proceed from where it had stopped.

Ms Jumwa is accused of conspiracy to commit fraud through the payment of Sh19 million to Multiserve Contractors in tender number MLD/NG-CDF/01/2017/2018 of the Malindi National Government Constituency Development Fund.

Her co-accused are Mr Wachu Omar, Kennedy Otieno, Bernard Riba, Sophia Saidi, Margaret Kalume, Robert Katana and Multiserve.

The offence is alleged to have been committed between May 14 and October 12, 2018 in Malindi sub-county, Kilifi county.

Ms Jumwa has also been charged with conflict of interest, acquisition of proceeds of crime and money laundering

The court also heard that between May 25 and May 29, 2018 at the Malindi NG-CDF offices, Mr Otieno, Mr Riba, Ms Saidi and Ms Kalume, as members of the tender evaluation committee for tender number MLD/NG-CDF/01/2017/2018 jointly and wilfully failed to comply with procurement laws.

Mr Omar, a fund account manager at the NG-CDF Malindi offices, is also charged with two counts of wilful failure to comply with procurement laws.

Mr Katana is charged with three counts of forgery and uttering a forged document.

He is also charged with fraudulent acquisition of public property.

The accused have denied the charges.

The case will be mentioned on January 17 for fixing of hearing dates.