PS battles assault charge
A Principal Secretary (PS) has lost in a bid to stop his trial of causing grievous harm to his estranged wife.
Julius Korir, the PS in the state department of Devolution had sought to block the Director of Public Prosecutions (DPP) from arresting and charging him but Justice Antony Mrima has ruled that the application is without merit.
The PS argued his prosecution was illegal, in bad faith, and an infringement of his constitutional rights.
Justice Mrima ruled that the prosecution was justified in prosecuting him for allegedly assaulting and injuring his estranged wife when she was pregnant as that was the only way the truth will be known.
“The petitioner has not shown how the DPP violated the constitution by authorizing his prosecution. Further, if the court quashes or grants the orders sought, it will frustrate the rule of law,” Justice Murima ruled.
The PS had also argued the case was being used to coerce him to settle a matrimonial property score.
Judge Murima has now set aside earlier orders issued on February 24 this year, that had temporarily shielded him from arrest and subsequent prosecution for the offence of causing grievous harm that attracts a maximum sentence of life imprisonment.
Court documents show that his wife reported the assault incident to Hardy Police Station in Karen on November 20, 2018, under OB 40/20/11/2018.
A medical examination report dated November 20, 2018, revealed that Koech suffered bruises in the abdomen, the forearm, and the legs while she was pregnant.
A P3 form, signed by the police surgeon based at the police headquarters also showed she sustained thorax and abdomen injuries.
Koech has since filed for divorce under application E015 of 2021 and the PS faces a separate case in the children’s court, No: MCCC/E945 of 2020 where he is being asked to pay school fees and upkeep for his children.
Korir previously served in the State Department of Infrastructure in the Ministry of Transport, Infrastructure, Housing, Urban Development, and Public Works having been appointed in February 2018.