Jowie wants judge out of murder case over ‘woman eater’ remark

Joseph Kuria Irungu, alias Jowie, who has been charged alongside TV journalist Jacque Maribe with the murder of Monica Kimani, wants the judge hearing the case to pull out of it.

He says he is “reasonably apprehensive” that he will not get a fair trial before Justice James Wakiaga, because of the remarks he made about him last month. Through lawyer Laichena Mugambi, Mr Irungu said the judge showed bias during the ruling that denied him bail.

The two were charged with the murder of Ms Kimani, 28, at her apartment in Kilimani, Nairobi, on September 19.

FLIGHT RISK

They denied the charges on October 15. Judge Wakiaga on October 30 freed Ms Maribe on Sh1 million bail and three sureties but ordered that Mr Irungu remain in custody because he was deemed a flight risk.

The judge said; “Having taken into account the material placed before the court, the submission by the advocates for the first accused, the family and the State, and the authorities in support of the said submissions which I have looked at in detail, I am satisfied and find that the prosecution has placed before the court strong and adequate compelling reasons to enable me deny the first accused the enjoyment of his constitutional right to bail which I hereby do.”

Justice Wakiaga said the picture that emerged of Mr Irungu from the prosecution’s affidavit and the pre-bail report, was that of a male version of “slay queen”. He said that for "lack of better terminology, I shall call him a woman eater”.

SOCIAL TIES

Mr Irungu’s last known employment, according to his affidavit, was in Dubai, where he lived between 2012 and 2017, and the judge said it was in Dubai that he had strong social ties.

The judge said although his siblings had indicated that they were likely to find him alternative accommodation, there was no evidence to support the proposition.

“The accused has no known assets in the country save for an intention to set up a private security firm and, therefore, I find him to be with no fixed abode, lacking any deep emotional, occupation or economic ties in the country and is likely to abscond should an opportunity arise. The mere fact that he is willing to surrender his passport is no guarantee that he cannot leave the country," the judge added.

FAIR TRIAL

But Mr Irungu said in the application that he is apprehensive that he will not get a fair trial, given the “unfounded and derogatory” remarks and conclusions the judge made against him.

He said although bail is not absolute, he was dissatisfied with the decision and felt aggrieved by some findings and remarks made by the court.

“That from such comments, it is obvious that in the mind of the judge, I am a hopeless person who depends on women for sex and even kill them if I must,” he said in a sworn statement.

The trial is set to start on June 18 but Mr Irungu wants the application addressed first.