Road rage Judge faults prosecution case

Justice GBM Kariuki at the Nairobi Law Courts on September 10, 2009 for the hearing of a case in which he is accused of stabbing a motorist. Photo/PAUL WAWERU.

What you need to know:

  • Judge's nationality given as Kamba in the charge sheet and his address wrongly recorded.

  • Justice GBM Kariuki was unfairly charged and should therefore be acquitted, lawyer tells court.

  • He is accused of attempted murder and causing grievous bodily harm to motorist Karori.

A Judge accused of stabbing a motorist has poked holes on the charge sheet saying it is defective and cannot be used a basis of finding guilt against him.

While saying that his behaviour immediately after the accident was not consistent with a person accused of attempted murder and that of causing grievous harm, Justice GBM Kariuki pointed out that the charge sheet did not contain his identity card number, among other details.

The Judge also said that his nationality has been given as Kamba in the charge sheet and his address wrongly recorded. The charge sheet reads that he resides at Hill View whereas, according to him, his home is situated at Lake View estate.

“Again, I have never heard of a nationality known as Kamba. My client is a Kenyan and is proud to be so,” said Justice Kariuki through his lawyer Stephen Mwenesi.

Still attacking the charge sheet, Justice Kariuki said the charges against him allege that he stabbed Mr Robert Karori on the stomach. He questioned how it was possible to do that.

Mr Mwenesi told the court that a charge sheet contains the particulars of a case, is specific and should leave no room for error.

The lawyer also said that the prosecution failed to show what weapon was used during the incident. From the court records, no weapon was produced as evidence.

Bloodstains on a pair of secateurs retrieved from the Judge’s vehicle did not match Mr Karori’s according to an expert who testified in court.

Justice Kariuki, who risks serving a life sentence if found guilty of attempted murder, is accused of committing the offence on October 18 last year.

From the evidence given in court, the two motorists were involved in a minor road accident at Lower Kabete road. After the accident, it is also in evidence that Justice Kariuki tried calling the police to look into the matter, but Mr Karori sped off.

In his evidence, Mr Karori said he ran away fearing that the Judge would report to the police that he was a robber.

His lawyer said that Justice Kariuki’s conduct at the moment was not consistent with that of a person intending to murder and or cause grievous harm.

He insisted the Judge was unfairly charged and should therefore be acquitted.

The hearing continues.