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.