Joseph Irungu withdraws case against Judge James Wakiaga

Joseph ‘Jowie’ Irungu has withdrawn his application for Justice James Wakiaga to recuse himself from his case over the murder of businesswoman Monica Kimani.

Mr Irungu is facing murder charges alongside his fiancée Jacque Maribe, who was released from remand on October 30.

Mr Irungu filed the application after the judge denied him bail on that day and described him as “the male version of a slay queen and a woman eater”.

He has since opted to withdraw it, his new team of lawyers told the court on Tuesday, adding it was filed hurriedly.

The judge noted that all accused persons have the right to file applications but accepted Mr Irungu’s request.

In his ruling, Justice Wakiaga further said Mr Irungu is a flight risk and that he has access to weapons that can intimidate witnesses.

“A picture that emerges from the prosecution’s evidence, as set out herein above and the pre-bail report of the accused, is that he is a male version of a slay queen, which for lack of better terminology I’d call a woman eater,” the judge said as he rejectedthe bail application.

Judge Wakiaga added that Mr Irungu should be taken to hospital or else he will have the order that denied him bond reviewed on Monday.

The judge had wanted to issue an order for the suspect to be taken to another hospital but his family said they could only afford his treatment at Kenyatta National Hospital at Sh20,000.

A prison officer told the court that the earliest Mr Irungu can be taken to hospital is Wednesday since the prison vehicle will be at the Kibera Law Courts until 5pm.

The judge said the accused should be taken for treatment on Tuesday, regardless of the prison’s debt.

On Monday, Ms Maribe, a Citizen TV journalist, sued the Director of Public Prosecution for contempt, saying she had not been allowed back to her house in Lang’ata despite a court order.

Through her lawyer Katwa Kigen, Ms Maribe accused Mr Noordin Haji of acting in contempt of court by refusing to allow her to have her house as well as witness statements relating to her trial.

When she was freed on bond on October 30 by High Court judge James Wakiaga, she was granted access to the house as well as the disputed case documents.

She argues, however, that she has not been given a good reason for the delay or the breach of the court order, a circumstance that she says amounts to automatic infringement of her rights.

The journalist said she has been forced to beg for clothes, accommodation, transportation and a phone.

She demanded that the DPP and the Directorate of Criminal Investigations grant her access in 24 hours.