Joseph Irungu withdraws case against Judge James Wakiaga

Joseph 'Jowie' Irungu in court on November 26, 2018 over the murder of businesswoman Monica Kimani. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • The decision came after the defence lawyer told the court that Mr Irungu requires an urgent surgery on his left shoulder.
  • Defence lawyer David Ayuo told the judge that Mr Irungu was in great pain and was feeling dizzy in court.
  • The condition of Mr Irungu's hand, he said, is deteriorating and worsening every day.

Joseph 'Jowie' Irungu has withdrawn his application for Justice James Wakiaga to recuse himself from his case over the murder of businesswoman Monica Kimani.

Mr Irungu is facing murder charges alongside his fiancée Jacque Maribe, who was released from remand on October 30.

THE COMPLAINT

Mr Irungu filed the application after the judge denied him bail on that day and described him as "the male version of a slay queen and a woman eater".

He has since opted to withdraw it, his new team of lawyers told the court on Tuesday, adding it was filed hurriedly.

The judge noted that all accused persons have the right to file applications but accepted Mr Irungu's request.

Justice Wakiaga added that Mr Irungu should be taken to hospital or else he will have the order that denied him bond reviewed on Monday.

The judge had wanted to issue an order for the suspect to be taken to another hospital but his family said they could only afford his treatment at Kenyatta National Hospital, at Sh20,000.

An officer from Kamiti Maximum Security Prison told the court that the earliest Mr Irungu can be taken to hospital is Wednesday since the prison vehicle will be at the Kibera Law Courts until 5pm.

The judge said the accused should be taken for treatment on Tuesday, regardless of what the prison owes the hospital.

SURGERY

"We cannot hold a man in need of medication. What if he dies in our hands? Is it possible to allow the family to produce a car and prisons provide guard. I order that the accused be admitted at KNH today, whether the government owes KNH money or not," he said.

The decision came after the defence lawyer told the court that Mr Irungu requires an urgent surgery on his left shoulder.

Defence lawyer David Ayuo told the judge that Mr Irungu was in great pain and was feeling dizzy in court.

The condition of Mr Irungu's hand, he said, is deteriorating and worsening every day.

Justice Wakiaga further directed the chief executive officer of KNH not to demand any payments before treating the accused.

Justice Wakiaga said Irungu should be treated irrespective of the outstanding at the country's biggest referral hospital.

"No fee should be demanded from the accused. If he is not admitted today, the court will allow him to seek medical treatment at a hospital of his choice," he said.

The judge directed the accused or his lawyer to report to the deputy registrar of the court whether he has been treated at Kenyatta.