A Nairobi court has acquitted Julius Korir, the former Permanent Secretary for Devolution, who had been charged with assaulting his ex-wife three years ago.
Korir allegedly committed the offence at their Karen home on September 17, 2020. The court was told that the altercation began when Korir was served a meal of Githeri and Sukuma Wiki, which displeased him.
The ex-wife explained that she had just returned from work and that was the only available food at the time. She recounted that Korir attacked her with kicks and blows while she shielded her baby.
The woman informed the court that she had endured physical violence since their marriage in 2014. The couple later separated and eventually divorced.
Korir, during his tenure as a PS in former President Uhuru Kenyatta’s administration, denied the charges and was released on a Sh20,000 cash bail. He said that he was supportive and always sought the best for his children.
In the court judgment, Senior Principal Magistrate Dolphina Alego quashed the charges against Korir and faulted the police for doing a shoddy job.
Magistrate Alego raised concerns about the absence of the woman’s purported ‘blood-stained’ clothes in court. The magistrate noted that the State did not even produce the P3 form in court during the trial.
Additionally, there was no presentation of CCTV footage, with the only recording being a video captured on her mobile phone while in the hospital.
Furthermore, the court questioned the propriety of a doctor recording a patient and attempting to present the evidence in court, considering it a violation of patient confidentiality.
“This court finds that the complainant did not allow the law enforcers to do their work and all prosecution witnesses seemed not to be independent,” the magistrate said adding that the witnesses appeared clueless about the incident.
“In view of the foregoing, this court finds that the prosecution has not proved their case to the required threshold. The accused person herein is discharged under Section 215 of the Criminal Procedure Code (CPC) unless otherwise held by law,” the court ruled.
