MP Were murder case: Suspect Ebel Ochieng challenges JKIA court's jurisdiction
Ochieng, through his lawyers told Justice James Wakiaga that Principal Magistrate Irene Gichobi, sitting at JKIA Law Courts, acted arbitrarily by declaring that she had territorial jurisdiction over the case.
Lake Basin Development Authority board member Ebel Ochieng, a suspect in Kasipul MP Charles Were's murder, has challenged a decision by JKIA Law Courts declaring that the court has territorial powers to hear his case.
In an application filed at Makadara High Court, Ochieng, through his lawyers led by Danstan Omari and Shedrack Wambui, told Justice James Wakiaga that Principal Magistrate Irene Gichobi, sitting at JKIA Law Courts, acted arbitrarily by declaring that she had territorial jurisdiction over the case.
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Lawyer Wambui also told the court that the manner in which Gichobi issued her ruling detaining Ochieng for 23 days in a similar application, where she detained other suspects in the same case for 20 days, was a clear indication that the magistrate was biased.
"Gichobi in detaining Ochieng for 23 days, she did not take into consideration the fact that he had already spent seven days in pre-plea detention", the lawyer added.
This, according to him, was tantamount to allowing the 30-day detention order as prayed by the prosecution.
Ochieng has urged the High Court to intervene in the case, saying that JKIA Law Courts orchestrated a gross miscarriage of justice, and hence the High Court should grant them an opportunity to pursue the case and arrest the said miscarriage.
On Tuesday, the judge directed the deputy registrar of the Judiciary to retrieve the copies of the proceedings from the JKIA Law Courts of the miscellaneous case involving the murder of Were.
Ochieng had applied to have his case transferred to Kibera Law Court, saying the offence was committed at City Mortuary roundabout, hence the proceedings ought to be conducted within the court nearest to the crime scene.
Further, he said that his presentation at JKIA had not been justified and is prima facie forum shopping and an abuse of process.
Ochieng thus sought that the law be strictly followed as enshrined in statute.
"I urge the Court to stay the proceedings in JKIA Law Courts and call for and examine the records of the proceedings at JKIA for the purpose of satisfying itself as to the correctness, legality and propriety of the decision rendered by the Magistrate in refusing to recuse herself from the case," he said.
However, the Office of the Director of Public Prosecutions has claimed that the DPP sought to arraign the suspects in the murder case at JKIA Law Courts after getting intelligence that Kibera Law Courts might experience some hostility should the suspects be arraigned at Kibera.
The prosecution said the JKIA Law Courts have territorial jurisdiction to entertain the case as it is properly constituted to entertain the case.
Justice Wakiaga directed the DPP to file their responses in seven days. The hearing of the application challenging the JKIA Law Courts' ruling will be on May 28, 2025.
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