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Witness Barred From Testifying In Slain Rugby Player Okombe Case



[Image | Courtesy]

A woman who had taken the stand yesterday to testify against her husband who is accused of murdering Michael Okombe on November 4, 2017 was stopped mid testimony by the trial judge who cited Section 127 of the Evidence Act, which deals with competency of spouses as witnesses.

“A wife can’t testify against her husband unless she does a formal application. The aim of this is to protect marriage as an institution,” said High Court judge Joel Ngugi stated.

Milka Njoki had taken the witness stand to testify against Calvin Okoth and her sister Maryann Mumbi who are both accused of killing the rugby player.

In the testimony, Njoki had started to narrate to the court how her husband had picked a quarrel with Okombe during her son’s birthday party at their Kiamunyi home in Nakuru County

“The two were outside the house when a quarrel ensued. Okoth forced Okombe out of our home,” she said, while describing her husband as a very violent person. This prompted the judge to ask if Njoki was legally married to the accused.

The judge then referred to a ruling by the Court of Appeal in Kisumu where a fresh retrial was ordered in a murder case where one Simon Nchore had been found guilty of the murder of Andrew Chacha in Migori County in 2013 after the court discovered that Nchore’s wife had testified against him.

The court heard that slain international rugby player Mike Okombe was stabbed by his girlfriend, Ms Maryann Mumbi after he was severely beat with a club by the co-accused Calvin Okoth after an argument that arose from a truth and dare game.

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Both are out on a Sh500,000 bond. The hearing of the case will proceed on September 26

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