OUT OF COURT

PS Korir given 30 days to settle assault case with estranged wife

Failure to settle the matter will see the Devolution principal secretary officially charged

In Summary
  • He is alleged to have assaulted his wife Evelyn Koech at Ndalat road in Karen, Nairobi in 2020.
  • Last year, Korir appealed to the High Court to stop his prosecution, but Justice Anthony Mrima in November 2021 dismissed the petition.
  •  
Infrastructure PS Julius Korir before Transport committee.
KORIR: Infrastructure PS Julius Korir before Transport committee.
Image: EZEKIEL AMING'A

A Nairobi court has given Devolution PS Julius Korir 30 days to settle the assault case with his estranged pregnant wife out of court.

Milimani chief magistrate Susan Shitubi on Tuesday said Korir has 30 days to settle the matter or he will be officially charged.

"I give you 30 days to settle the matter with the complainant or you will be charged with assault," the magistrate said. 

His lawyer, Victor Arika, and advocate for the complainant Kemboi Kibet told the court that both parties had agreed to settle the matter in 30 days.

Korir, however, failed to appear in court for the fourth time after he allegedly contracted Covid-19.

He is alleged to have assaulted his wife, Evelyn Koech, at Ndalat Road in Karen, Nairobi, in 2020.

The magistrate had on February 14 ordered that medical documents indicating Korir had contracted Covid-19 while on a working trip in Tanzania be authenticated and a report be made during the mention of the case.

The prosecution proved in court that the medical documents were indeed correct.

State counsel Alice Mathangani, however, opposed the 30 days saying it was too long.

She asked the court to give the parties two weeks to appear in court having settled the case. 

The lawyers said two weeks was not enough as the process will involve a change of ownership of some properties belonging to the accused and complainant.

In January, Korir was summoned after the prosecution applied to have him appear in the assault case.

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 the assault and injury of 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 alleged 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.

The case will be mentioned on  April 4.

-Edited by SKanyara

“WATCH: The latest videos from the Star”
WATCH: The latest videos from the Star