- Kivuti was handling a matter where an accused person had been arrested on September 19, 2022 for the offense of obtaining Sh2.9 million by false pretence.
- JSC commended officers who responded to protect Kivuti and other court users.
Image: HANDOUT
The Judicial Service Commission has moved to explain the circumstances that led to the shooting of Makadara Principal Magistrate Monica Kivuti on June 13, 2024.
The commission noted that Kivuti was handling a matter where an accused person had been arrested on September 19, 2022, for the offence of obtaining Sh2.9 million by false pretence contrary to section 313 of the Penal Code.
“According to records, the accused person failed to attend court on seven different occasions,” the JSC said.
The commission said the accused did not appear before the court on November 23, 2022, March 7, 2023, May 9, 2023, December 5, 2023, May 7 2024 (when a warrant of arrest was issued and cash bail forfeited), May 13, 2024, and May 30, 2024.
“On all the dates, the complainant was present and raised concerns about the accused person’s failure to attend court,” JSC added.
It said the lawyer for the accused presented medical documents to explain the accused person’s continued absence but the prosecutor and the victim’s counsel questioned the documents.
It said the court ordered the investigating officer to verify whether the medical documents were authentic.
It said that on the fateful day, the accused attended court and the prosecution presented a report from the investigating officer which showed that the accused person’s ailment was not truthful.
“On that basis, the prosecution argued that the accused person was a flight risk and applied for her to be remanded in custody,” the commission noted.
It said the lawyer for the accused person apologised to the court for the misinformation stating that it was given to her by the accused person and her husband.
JSC said the lawyer requested for leniency and applied for reinstatement of the bond on humanitarian grounds.
It added that the magistrate observed that the hearing of the case being delayed due to the accused person’s failure to attend court.
JSC said Kivuti ordered a pre-bail report be filed in court within 14 days, the accused be remanded at Langata Women Prisons and the officer in charge of the prison to avail an ambulance to escort the accused person to hospital for treatment.
The commission said the magistrate set the mention on June 27, 2024, for pre-bail report and hearing on August 6, 2024.
“As a result of these orders, the magistrate was shot several times by an assailant who had accompanied the accused person to court. Sadly, the assailant was a senior officer, whose duty is to protect lives and safeguard property.”
JSC commended officers who responded to protect Kivuti and other court users.
Kivuti died of gunshot wounds to the chest and left hip on June 14, 2024, while receiving treatment at a Nairobi hospital.
Kivuti was appointed as a Resident Magistrate on July 17, 2013, and posted at Kiambu Law Courts. She later served at Baricho Law Courts and thereafter Makadara Law Courts as Principal Magistrate.