- In the charge sheet, Korir is accused of assaulting his estranged wife, Evelyn Koech, and causing her bodily harm.
- The state officer has, however, called the arrest and prosecution illegal, in bad faith and an infringement on his constitutional rights.
Image: FILE
A Nairobi court has extended summons against Devolution Principal Secretary Julius Kiplangat Korir to appear in court on February 14 in assault case.
Korir is to plead to charges of assaulting his estranged pregnant wife Evelyn Koech.
Milimani chief magistrate Susan Shitubi on Thursday extended the summons after the defence lawyer told court that Korir was not in court and had traveled out of the country on official duty.
He was to appear in court for the plea taking.
“We are seeking to defer the plea taking of Korir as he has traveled out the country for an East Africa community function on devolution,” lawyer Nicholas Ombija told court.
Ombija produced a letter dated February 1 showing that the PS was to travel from February 5 to 10.
The court further heard that since Devolution ministry has no CS at the moment, it was necessary for the PS to travel and represent the country.
He added that the summons were issued after the PS received the summons.
“We have not said that he do not take plea. We are asking for deferment. He will be back tomorrow,”Ombija said.
The prosecution, through counsel Evelyne Onunga, however said she had seen the letter allowing the accused to travel.
She added that summons were issued on February 4 directing the PS to appear in court today.
“The same was issued to the accused via email and WhatsApp on the same date at 2.54pm. So the accused was aware that he was required in court today," she said.
"It appears that he did not give the information to appear in court today. That's why he was allowed to travel from [February] 5 to 10.”
Onunga added that court summons should be taken seriously since the summons came before the accused travelled.
The prosecution also requested that the letter be verified.
The complainant’s lawyer also accused Korir of using delay tactics to drag the case. He said the offence was allegedly committed in 2020 and it has become a two-year court battle.
Shitubi ruled that the PS is just like any other citizen who can commit an offence and he is subject to criminal justice.
He should know that there are implications for not honouring summons.
She directed the case to be mentioned on Monday next week for plea taking.
Last week, Korir was summoned after the prosecution applied to have him appear in the assault case.
“We apply for summons against the accused through the investigating officer to appear in court and plead to the charges," the prosecution said.
In the charge sheet, Korir is accused of assaulting Koech and causing her bodily harm.
He is alleged to have committed the offence on September 17, 2020, at Ndalat Road, Karen, in Nairobi.
Last year, Korir appealed to the High Court to stop his prosecution, but Justice Anthony Mrima in November 2021 dismissed the petition.
He said the state was right in mounting prosecution against him over assault and injury on Koech while she was pregnant.
The PS had sought to stop the Director of Public Prosecutions and the Directorate of Criminal Investigations from arresting and prosecuting him in connection with the offence.
He called the arrest and prosecution illegal, in bad faith and an infringement on his constitutional rights.
“The petitioner has not shown how the DPP violated the Constitution by authorising his prosecution. Further, if the court quashes or grants the orders sought, it will frustrate the rule of law,” Justice Mrima ruled.
Korir risks losing his job in line with Chapter 6 of the Constitution on integrity as well as the Leadership and Integrity Act.
The Act states that "any state officer automatically goes on suspension after taking a plea in a criminal case.”
The state officer argued the prosecution was being used to force him to settle a matrimonial property case.
(edited by Amol Awuor)