Witness in Aisha Jumwa murder case stopped from testifying

A key witness in the murder trial against Malindi MP Aisha Jumwa was on Tuesday stopped from proceeding with her testimony after it emerged that crucial evidence had not been supplied to the defence team.

Police constable Sikuku Mayumbe was stood down as she sought to produce a reconstruction of the crime scene report that she prepared when she visited the place where Jola Ngumbao was murdered. 

She could not proceed and table the evidence because a team of six defence lawyers, led by Mr Jared Magolo and Mr Danstan Omari, told the court that they had not been supplied with the document that the state wanted produced. 

“This is manufactured evidence that we are not aware of and has never been supplied to us,” Mr Magolo said. Mr Omari accused the prosecution of introducing new evidence that has not been brought to the attention of the defence. 

Killing of Ngumbao

The advocate lamented that the introduction of evidence they did not have was a confirmation that the motive of the prosecution had nothing to do with the killing of Ngumbao. 

“This is a politically motivated prosecution. It is not a question whether the suspects have committed the murder. We are opposed to the production of this type of evidence,” said Mr Omari. 

Ngumbao was shot dead on October 15, 2019, after chaos broke out at the home of Mr Reuben Katana, who was an ODM candidate in the Ganda ward by-election in Kilifi County.

Yesterday, senior Prosecution Counsel Vivian Kambaga insisted that the report had been supplied to the defence but agreed there was no evidence to support that claim. 

“I therefore ask that the witness be stood down to allow the prosecution to serve the defence with the document,” said the prosecutor. 

Justice Anne Onginjo, who is presiding over the case agreed with the defence that the prosecution ought to have supplied the evidence in advance.

The report contains vital information that would help the prosecution prove its case against the suspects. 

The report contains details of the guns recovered from Ms Jumwa’s car and an analysis conducted on the spent cartridge that the investigators collected at the scene of crime, where the deceased was killed. 

Murder scene

According to Ms Mayumbe, they recovered two pieces of evidence from the scene of the murder, and a report has been prepared to that effect. A third one had been supplied to police by a witness in the case. 

So far, evidence tabled by Ms Mayumbe indicates that one of the guns that was recovered from Ms Jumwa’s car had been fired. But it is this report that will shed more light on whether the cartridge found at the murder scene has any links to the guns that were found in the MP’s car. This also includes a ballistics report. 

Ms Mayumbe, a forensic crime scene investigator produced 182 photographs, including those of the deceased, the spent cartridge and guns that the police suspect were used in the shooting and killing of Ngumbao. 

“This is the photo of the deceased at the crime scene. His left hand is resting on his chest and legs spread apart,” she said while pointing at the graphic photos of Ngumbao’s body in court. 

For instance, the prosecution is seeking to rely on the forensic report to prove whether the guns found in Ms Jumwa’s car were used in the shooting. 

Ms Mayumbe took the court through the various steps that she had taken to prepare the report. But she will proceed with her evidence after the documents are supplied to the defence. 

Another witness, Mr Joseph Kabwere, told the court that he witnessed Ms Jumwa’s aide and co-accused Geoffrey Okuto brandish a gun and shoot randomly during the fracas. 

He explained to the court that Ms Jumwa and her two bodyguards alighted from their car, walked to where the ODM agents were holding a meeting at Mr Reuben Katana’s homestead and started shooting. 

“I saw Mr Okuto brandish a gun. He shot at a target. The fact that his gun pointed towards our direction meant he had a target in mind,” said the witness. 

Shot three times

Mr Kabwere said Mr Okuto shot three times, but only one bullet got to the target. 

He further said that while this was happening, Mr Okuto was running towards the ODM agents. 

When asked if Ms Jumwa’s presence was meant to restore calm, the witness said it brought more confusion as the gunshots that accompanied her storming of the homestead made everyone scamper for safety. 

“After the three gunshots, I heard people shouting that Ngumbao had been killed,” he said. 

However, the defence poked holes in his testimony, questioning why the two statements that he had recorded with the police contained varying information. For instance, the defence pointed out that the statement he wrote on October 20, 2019, differed with the one he made on November 20, 2019. 

“My statements are similar as far as I am concerned. They contain a true account of what happened on the material day,” he said. 

Mr Magolo and Mr Omari, however, argued that the second statement was intentionally doctored to implicate the accused. 

The matter has been adjourned to September 26 to 29 to give the MP, who is vying for the Kilifi governor’s seat, time to campaign. 

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