Cabinet secretary nominee for Public Service and Gender Aisha Jumwa has written to the Director of Public Prosecutions (DPP) seeking to be a State witness in a murder case against her.
Jumwa has been charged alongside her bodyguard Geoffrey Okuto with the murder of Ngumbao Jola who was shot dead in 2019 in Kilifi County.
At the same time, Jumwa's lawyers Jared Magolo, Titus Kirui and Duncan Osoro, on Tuesday, October 18, asked the DPP to drop the case against their client saying evidence presented by three prosecution witnesses has shown she was not involved in the shooting of Ngumbao.
"The presentation we made to the office of the DPP was particularly after hearing the three witnesses. The case against Jumwa may be reconsidered and have her serve as a State witness than an accused person," Magolo said when he appeared before Justice Ann Ong'injo, of the High Court in Mombasa on Tuesday.
The court also heard that Jumwa has been in communication with the family of the deceased which is said to be willing to settle the matter out of court because Jumwa, the former Malindi MP, was not the principle offender. She did not have a gun and did not shoot the victim.
"We were seeking confirmation from the DPP if the second accused (Jumwa) will proceed as a witness or an accused on October 26 when the case will be mentioned," said Magolo.
Justice Ong'injo said the court has no say in the matter and urged Jumwa's team to settle it with the DPP.
"This is an issue that should be done in the kitchen. It would have been a matter between DPP and the defence lawyers. The letter seems to be seeking permission from the court," said Justice Ong'injo.
Magolo said they were hopeful the court would withdraw the case against Jumwa and have her as a witness instead.
State Prosecutor Vivian Kambaga confirmed receipt of Magolo's letter in September. She said the letter was forwarded to the ODPP and feedback will be issued once Jumwa's actions have been considered.
"We confirm that in September, we received a letter to have the second accused considered as a State witness and that she was in negotiations with the family of the deceased on the matter," said Kambaga.
The prosecutor said the letter indicates that Aisha was in negotiations with the family which wishes to settle the matter out of court.
"The family wishes to have the matter settled out of court because she was not a principle offender in the case and was not armed and did not shoot the deceased," said Kambaga.
Jola 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.
