DPP orders thorough probe into Jennifer Wambua killing
Former PS Sammy Itemere (left) and Lugari MP Ayub Savula at Milimani Law Courts on March 18, 2021 during the mention of the Sh122.3 million theft casing facing them and others. DPP Nordin Haji ordered a thorough probe into the killing of a key witness in the case, Jennifer Wambua.
The Director of Public Prosecutions (DPP) Noordin Haji has directed the Inspector-General of Police to conduct a thorough investigation to unearth the mysterious killing of a key witness in the Sh122.3 million fraud case against Lugari MP Ayub Savula, his two wives and others.
Through a State Prosecutor Henry Kinyanjui, the DPP Wednesday said he learnt with shock about the death of Ms Jennifer Itumbi Wambua, a deputy director communications at the National Land Commission (NLC) on March 15, 2021.
Mr Kinyanjui said Ms Wambua, the fourth witness in the matter, had given her evidence-in-chief in the case against Mr Savula , Mr Itemere and others on February 18 when she was stood down to await cross-examination by the defence.
“It has not yet been established whether her death is connected to this ongoing criminal case against Mr Savula, Mr Itemere, the former director of the Government Advertising Agency (GAA) Dennis Kuko Chebitwey among others,” Mr Kinyanjui said.
Raised anxiety
He said the DPP is aware the killing has raised some anxiety among the public and it is important to establish the cause of her death.
“Your honour, to avoid speculation and in pursuant to Article 157 (4) of the Constitution, the DPP has directed the Inspector-General of Police to conduct thorough investigations into the circumstances surrounding the mysterious death of Ms Wambua,” the court heard.
Mr Kinyanjui said the IG will submit the inquiry file to the court for directions.
Once the investigations are complete, the DPP will review the file and ensure that the culprits are brought to book.
“Our instructions are to request this court to give us some mention date to confirm the status of the investigations and take further directions,” Mr Kinyanjui urged.
Defence lawyers led by Mr Karathe Wandugi said Ms Wambua’s death was shocking since they learnt about it from social media.
Tragic and sudden
Mr Wandugi said the death was tragic and sudden, having occurred when the defence was preparing to cross-examine the witness.
“Our learned friend Mr Kinyanjui is right in what he informed the court about investigations being conducted. On this side, we welcome the investigations so that no suspicion can bear from our side as this is an open ended request and we welcome it,” Mr Wandugi.
He said it is the duty of authorities to carry out investigations in the given circumstances.
Milimani Chief Magistrate Francis Andayi said it was sad that Ms Wambua met her death before she could be cross-examined.
The court said that when she first appeared for cross-examine, the case had to be adjourned because she was unwell.
In the second incident, she could not proceed as she had been involved in a traffic accident.
“In the third time she was no longer available because she was no more, she had passed on,” Mr Andayi said.
He urged the prosecution to ensure hearing resumes quickly even as investigations into the killing continue.
The magistrate adjourned the case to April 22, 2021 when the DPP will update the court on the status of the investigations.
