Kenya Insights

Tag: Devolution Principal Secretary Julius Korir

  • Dispute Over Food With Wife Lands PS In Trouble

    Dispute Over Food With Wife Lands PS In Trouble

    Devolution Principal Secretary Julius Korir is facing imminent suspension and criminal trial for allegedly assaulting his wife following a dispute involving food.

    This comes after the High Court dismissed his petition to stop the Director of Public Prosecution (DPP) from proceeding with the trial in which he is accused of assaulting Ms Everlyne Chepkorir Koech on September 17, 2020 in Karen, Nairobi.

    Justice Anthony Mrima dismissed Mr Korir’s arguments that the criminal charges are meant to embarrass him and force him into surrendering 50 per cent of the matrimonial property.

    He also vacated a temporary order dated January 7, 2021 that had suspended the arrest, arraignment and the prosecution of Mr Korir.

    In the report booked by police and which the DPP produced in court, Ms Koech reported that her husband assaulted her after he demanded food and she told him what was available was only for the children. The report was registered at Karen Police Station vide 0B No. 02/18/09/20.

    She informed the police that after the assault, she went to Nairobi Hospital where she was treated and discharged. She produced the treatment notes and got issued with a Police Medical Examination Report (P3 Form). The form was filled the following day, indicating injuries on the thorax and abdomen and limbs.

    Police then obtained CCTV footage that captured the assault and a report from the Cybercrime Forensic Unit.

    A review of the footage showed the PS assaulting the wife, the DPP and the Directorate of Criminal Investigations (DCI) informed the court while opposing Mr Korir’s petition. They told the court that the offence of assault causing actual bodily harm is covered in Section 251 of the Penal Code and anyone found guilty is liable to imprisonment for five years.

    Ms Koech informed the court that she had been physically abused by Mr Korir and denied any collusion with the DPP and DCI with a view to coerce the PS into a settlement.

     In his judgement, Justice Mrima said there was no proof that the criminal process is being used to coerce him to surrender one-half of the matrimonial property.

     Mr had said he was apprehensive that since the DPP and DCI are aware that once he takes plea he will be expected to step aside until the case is concluded, they would have assisted Ms Koech to bring him down.

  • PS Facing Life Imprisonment For Wife Battery

    PS Facing Life Imprisonment For Wife Battery

    Devolution Principal Secretary Julius Korir faces life imprisonment if convicted of a charge of causing grievous bodily harm to his wife.

    Korir had moved to the High Court to stop his prosecution, but Justice Anthony Mrima yesterday dismissed the petition on grounds the State was right in mounting prosecution against him with the offence of assault and injuring his estranged wife Evelyn Koech while she was pregnant.

    He had sought to stop the Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI) from arresting and prosecuting him in connection with the offence, terming it as illegal, in bad faith and infringement on his constitutional rights.

    “The petitioner has not shown how the DPP violated the Constitution by authorising his prosecution, further, if the court quashes or grants the orders sought, it will frustrate the rule of law,” Justice Mrima ruled.

    Korir risks losing his plum job in line with Chapter 6 of the Constitution as well as the Leadership and Integrity Act which  states that “any State officer automatically goes on suspension after taking a plea in a criminal case.”

    He had argued that the prosecution was being used to coerce him to settle a matrimonial property score.

    Matrimonial property

    Judge Mrima has now set aside orders issued on February, that had temporarily shielded him from arrest and subsequent prosecution for the offence of causing grievous harm that attracts a maximum sentence of life imprisonment.

    Court documents show that his wife reported the assault incident to Hardy Police Station in Karen on November 20, 2018, under OB 40/20/11/2018.

    A medical examination report dated November 20, 2018, revealed that Evelyn   who was then pregnant, suffered bruises in the abdomen, the forearm and the legs.

    A P3 form, signed by the police surgeon based at the police headquarters also showed she sustained thorax and abdomen injuries.

    Korir and Evelyn’s marriage is said to have been experiencing problems, but matters took a turn for the worse when claims of assault emerged in 2018.

    Evelyn has filed for divorce under application E015 of 2021 against Korir. The PS also faces a separate case in the children’s court, No: MCCC/E945 of 2020 where he is being asked to pay school fees and upkeep for his children.

    Korir previously served in the State Department of Infrastructure in the Ministry of Transport, Infrastructure, Housing, Urban Development, and Public Works having been appointed in February 2018.

    When he filed his petition challenging his prosecution, Korir was then the for State Department of Youth PS. “The petitioner has failed to prove how his prosecution at this stage will violate his rights.”

    He added the impending prosecution will give him a chance to prove his innocence “before the trial court.”

    After the judgement, Korir informed the court that he would appeal the decision and sought for a stay of 30 days which was, however, declined.