The fate of Cabinet Secretary for Public Service and Gender Aisha Jumwa now hangs in the balance.
Mombasa High Court will on Wednesday issue its directive following an application by the Director of Public Prosecutions Noordin Hajji that seeks to withdraw murder charges levelled against her.
High Court Judge Anne Onginjo directed Haji to file a formal application before her court to enable her to decide if her court will allow the application.
Three weeks ago, Justice Ongi’njo dismissed an application by the state, arguing that it was too “casual”.
She informed the court that the oral application made in court by Haji through senior prosecution counsel, Vivian Kambuga, to have the murder charges withdrawn and Ms Jumwa being turned into a state witness did not meet an official application.
Justice Onginjo further questioned why the DPP had made the move to have the matter withdrawn nonchalantly, in the absence of the accused person, and with no formal application before the court.
The judge ordered Jumwa to appear before her court and issued directions to the office of the Director of Public Prosecutions (DPP) to amend the charge sheet.
In Ms Jumwa’s letter to the ODPP, she requested to be turned into a state witness and sought the matter settled out of court to give leeway for her to compensate the family of the deceased Ngumbao Jola.
Jumwa alongside her bodyguard Geoffrey Okuto is facing charges in the murder of Jola who was shot dead in the 2020 during Ganda by-election when chaos broke down.
Over five witnesses had already testified against Jumwa and the co-accused.
The matter will be mentioned tomorrow for further directions.
