A move by the Director of Public Prosecution Noordin Haji to make cabinet secretary for Public Service and Gender Aisha Jumwa a state witness in the murder case where she had been charged alongside her bodyguard for murder and the subsequent withdrawal of the family of Ngumbao Jola, who died after he was shot during the Ganda by-elections in Malindi, Kilifi county has jolted the legal fraternity.
It is worth noting that in the case of murder, the state is the complainant and the deceased’s family allege to have forgiven Geoffrey Okuto while at the same time asking the state to drop the murder charge remains astonishing.
Recently, the DPP made the application to withdraw the murder charge against Jumwa, saying she will be a state witness.
Since the application was made orally, the case was mentioned on December 21 for formal withdrawal of the case against her.
This comes after the defence led by lawyer Danstan Omari wrote to the DPP asking for a review of the file.
They argued that Jumwa should be a state witness because the evidence against her cannot sustain a murder charge.
It was their further argument that Jumwa does not own a gun and has never used one.
Jumwa had earlier written to the DPP seeking to be a state witness in a murder case against her.
The family led by Rodgers Katana Jola says they have formally written to the court through their lawyer noting that they will no longer pursue the matter.
Katana says, however, that they are still yet to come to terms with how CS Jumwa was dropped from the case yet she was the main suspect.
They also want charges leveled against Okuto, former CS Jumwa’s bodyguard and a suspect, be withdrawn arguing that he also deserves to be free.
The murder charge was formally withdrawn by the ODPP on December 21 2022 after making an application at Mombasa High Court.
With the present state of the case, Jumwa will be a state witness and is expected to testify against her former bodyguard Okuto.
Reports indicated that the family had earlier expressed their doubts in their pursuit of justice for their slain kin.