Judge in Marsabit chief’s murder case recuses himself
Meru High Court Judge Francis Gikonyo who on March 2, 2020 recused himself from hearing the case in which four people are accused of killing a chief in Marsabit in December 2018. PHOTO | CHARLES WANYORO | NATION MEDIA GROUP
What you need to know:
- Judge directed that the matter be mentioned on March 25, 2020 for directions.
- Former Marsabit councillor Doyo Galgalo, Mr Galma Galgalo, Ms Bokaya Dida and Mr Somo Huqa put on their defence.
- The accused will give sworn evidence when the matter comes up for defence hearing.
A High Court Judge in Meru who has been hearing a case in which four people have been charged with killing a chief in Marsabit in December 2018 has recused himself from hearing the matter.
Justice Francis Gikonyo did not give reasons for disqualifying himself from the matter, in which former Marsabit councillor Doyo Galgalo, Mr Galma Galgalo, Ms Bokaya Dida and Mr Somo Huqa have been put on their defence.
The four are accused of killing Dirib Kombo chief Bida Gogana on December 16, 2018 in Gar-qarsa, Marsabit Central.
'GOOD REASONS'
Justice Gikonyo on Monday said he had “good reasons” to stop hearing the matter, adding that he had discussed his decision with Meru Resident Judge Alfred Mabeya.
He directed that the matter be mentioned on March 25, 2020 for directions.
Earlier, lawyer Kiprotich Kiget, who is representing Ms Dida, had sought an adjournment, saying his colleague, Mr Anyegah Ondieki, was out of the country.
He said Mr Ondieki will return on March 26, 2020.
But the application was met with protests from State Counsel Charles Okeyo who said the defence was delaying the matter and said the lawyer could have sent someone else to represent him.
STRICT TIMELINES
He said the Director of Public Prosecutions had given strict timelines and wanted the matter concluded by the end of the month.
“The defence is using delaying tactics. The letter bears the letterhead of Sagana Biriq Advocates. The law firm could have sent another lawyer,” Mr Okeyo said.
The defence hearing was set to start in January but one of the lawyers was indisposed, forcing Justice Gikonyo to postpone the matter.
In his ruling in October 2019 after months of hearing, Justice Gikonyo said that the evidence presented by the prosecution was overwhelming.
The defence team has indicated that the accused will give sworn evidence when the matter comes up for defence hearing.
Mr Doyo and Mr Galma intend to bring three witnesses each, Ms Dida will line up six, while Mr Huqa has one.
The four are currently out on bond.
At least eight witnesses testified ''in camera'' while another, Mr Abdullahi Jillo, a police officer based in Marsabit, tabled 33 gory photos of the slain chief as he lay in a ditch.
