By Tobby Otum
Outspoken Malindi legislator Aisha Jumwa spent an extra day in custody at the port police station pending her bail ruling at the Mombasa law court in Mombasa county.
The legislator and co-accused Geoffrey Okuto pleaded not guilty to murder charges before high court judge Njoki Mwangi.
The accused persons were charged that last year they murdered Ngumbao Jola at Pendukiani, Ganda ward in Malindi Constituency, Kilifi county.
The two are facing murder contrary to sections 203 and 204 of the penal code chapter 63 of the laws of Kenya.
The accused persons through their counsels led y Jared Magolo, Danstan Omari, Cliff Ombeta and Shadrack Wambui made an oral application for them to be released on a cash bail pending hearing and determination of the case.
They said they are ready to abide by conditions issued and to ensure the two appear and are available at the court secessions as required by the law.
They argued the victim’s family has not sworn an affidavit before the court that they fear for their lives.
They argued in their application that it was not the intention of the accused to interfere with the case pending hearing and determination.
Mombasa Assistant Director of Public Prosecutions (DPP) Alloys Kemo opposed the application for the accused persons to be released on bail through a filed affidavit sworn by police officer Joseph Yator.
He argued in his submission that charges the accused persons are facing attract a life sentence.
“The legislator has a lot of influence being the local area MP and might interfere with witnesses on the case,” he pointed out.
He said the co-accused lacks a permanent residential house and might abscond and not appear for the hearing of the case.
The two were forced to spend this year’s Mashujaa Day celebrations at the port police station waiting for their mental assessment test before taking a murder plea at the Mombasa law courts.
The high court had ordered the two -accused to be detained at the police station for three days before they face the murder charges.
The judge directed the two will take murder charges plea after undergoing a mental assessment test at the Coast General Teaching and Referral Hospital [CGTRH] in Mombasa county.