Chief Inspector Samson Kipchirchir Kipruto who fatally shot Makadara Principal Magistrate Monica Kivuti (inset).
Jennifer Wairimu, the woman at the centre of the shooting incident that led to the death of Makadara Principal Magistrate Monica Kivuti last week, had missed court seven times, the Judiciary has revealed.
Ms Kivuti was handling the case against Ms Wairimu, who was charged with obtaining Sh2.9 million by pretence.
Records presented by the Judicial Service Commission (JSC) show that Ms Wairimu was arrested on September 19, 2022 and was released on a police bond.
She was directed to appear in court on October 24, 2022 to plead to the charge but failed to show up.
The matter was then fixed for mention on November 23, 2022, when she failed to appear in court, yet again.
Portrait of Principal Magistrate Monica Kivuti at Makadara Law Court Nairobi during a memorial service.
She missed the court session on March 7, May 9, and December 5, 2023
She finally appeared in court on January 5, 2023 and pleaded not guilty to the charge and was freed on bail.
On May 4, 2024, Ms Wairimu was required to appear in court for a mention of the case but she did not show up, forcing the court to issue a warrant for her arrest and her bail forfeited to the State.
She missed the hearing on May 13, and May 30, 2024.
When the matter was mentioned on May 30 and she failed to turn up, her advocate presented medical reports showing that she had been taken ill.
During all the occasions, the complainant was present in court and raised concerns over her absence to appear in court.
The victim’s lawyer questioned the medical documents and the magistrate ordered the investigating officer to verify whether the documents were authentic.
Ms Kivuti fixed the matter for June 13, 2024.
On the fateful day, June 13, 2024, Ms Wairimu attended court and the prosecution presented the report from the investigating officer indicating that the information presented to the court regarding her ailment was not truthful.
On that basis, the prosecutor argued that she was a flight risk and applied for her to be remanded.
Through her lawyer, Ms Wairimu apologised to the court for the misinformation stating it was given to her by the accused person and her husband, Mr Samson Kipchirchir Kipruto, a police officer.
The lawyer also pleaded for leniency and applied for reinstatement of the bond on humanitarian grounds.
In her ruling, Ms Kivuti noted that the accused person had absconded court on several occasions on account of admission to hospital.
The magistrate expressed concerns that Ms Wairimu had not produced any evidence to show that she had been admitted on the dates that she was required to attend court.
The court further observed that the accused person was being dishonest to the court in concert with her advocate, as there were no medical documents to prove that she was indeed sick.
Ms Kivuti also noted that the complainant had attended court on numerous occasions and expressed frustrations, stating that the accused person had assured him that she would attend court, but she failed to do so.
In the ruling further, Ms Kivuti observed that the hearing of the case was being delayed by Ms Wairimu’s failure to attend court.
The magistrate then asked for a pre-bail report to be filed in court within 14 days and directed Ms Wairimu be remanded at Langata Women’s Prisons.
(From right) Attorney General Justin Muturi, Chief Justice Martha Koome and Deputy Chief Justice Philomena Mbete Mwilu during a memorial service of late Makadara Principal Magistrate Monica Kivuti who was shot while on duty.
She also ordered the officer in charge of the prison to get an ambulance to escort the accused person to hospital for treatment.
The court then directed that the matter be mentioned on June 27, 2024 for the pre-bail report to be tabled, and set the hearing on August 6, 2024.
Immediately she gave the orders, Chief Inspector Kipruto, who had accompanied his spouse, whipped out a pistol and shot Ms Kivuti in the chest and pelvic area.
She was rushed to Metropolitan Hospital but succumbed to her injuries 36 hours later at The Nairobi Hospital.
Three court orderlies were also injured during the incident. The assailant was shot dead.
JSC said that it was sad that the assailant was a senior police officer, whose duty was to protect lives and safeguard property.
In this photo, Makadara Law Courts in Nairobi. The premises was cordoned off after the June 13, 2024 shooting of Principal Magistrate Monica Kivuti.
The JSC, under the leadership of Chief Justice Martha Koome, later announced that court services would no longer be rendered in makeshift structures.
Kipruto will be buried on Friday at Kaptagat, Elgeyo Marakwet County, according to family members.
Read: President Ruto assures Judiciary of security following courtroom shooting of magistrate Kivuti
“He (Kipruto) will be buried at the home of his first wife in Kaptagat with the body being removed from the morgue today (Thursday) for overnight stay at the homestead as is the tradition of the Kalenjin community,” a relative who did not want to be named for this story stated.
