JSC Releases Full Report On What Led To The Shooting Of Magistrate Kivuti
The Judicial Service Commission has moved to explain the circumstances surrounding the shooting of Makadara Principal Magistrate Monica Kivuti on June 13, 2024.
The commission noted that Kivuti was handling a case in which an accused person was arrested on September 19, 2022, for obtaining Sh2.9 million under false pretenses in violation of Section 313 of the Penal Code.
“According to records, the accused person failed to attend court on seven different occasions,” the JSC said.
According to the commission, the accused failed to appear in court on November 23, 2022, March 7, 2023, May 9, 2023, December 5, 2023, May 7, 2024 (when a warrant for arrest was issued and cash bail was forfeited), May 13, 2024, and May 30, 2024.
Judicial Service Commission statement pic.twitter.com/cZ0hOiMZwY
— Judicial Service Commission Kenya (JSC) (@jsckenya) June 19, 2024
“On all the dates, the complainant was present and raised concerns about the accused person’s failure to attend court,” JSC added.
According to the report, the accused’s lawyer presented medical documents to explain the accused’s continued absence, but the prosecutor and the victim’s counsel questioned the documents.
According to the report, the court ordered the investigating officer to verify the medical documents’ authenticity.
It stated that on the fateful day, the accused appeared in court, and the prosecution presented a report from the investigating officer proving that the accused person’s illness was not true.
“On that basis, the prosecution argued that the accused person was a flight risk and applied for her to be remanded in custody,” the commission noted.
It stated that the accused person’s lawyer apologized to the court for the misinformation, claiming that it was given to her by the accused and her husband.
According to JSC, the lawyer requested leniency and applied to have the bond reinstated on humanitarian grounds.
It was also stated that the magistrate observed that the hearing of the case was delayed due to the accused person’s failure to appear in court.
According to JSC, Kivuti ordered that a pre-bail report be filed in court within 14 days, that the accused be remanded at Langata Women’s Prisons, and that the officer in charge of the prison arranges for an ambulance to transport the accused to a hospital for treatment.
According to the commission, the magistrate scheduled the pre-bail report for June 27, 2024, with a hearing on August 6, 2024.
“As a result of these orders, the magistrate was shot several times by an assailant who had accompanied the accused person to court. Sadly, the assailant was a senior officer, whose duty is to protect lives and safeguard property.”
JSC praised the officers who acted to protect Kivuti and other court users.
Kivuti died of gunshot wounds to the chest and left hip on June 14, 2024, while being treated at a Nairobi hospital.
Kivuti was appointed Resident Magistrate on July 17, 2013, and assigned to Kiambu Law Courts. She later became Principal Magistrate of the Baricho Law Courts and then the Makadara Law Courts.
JSC Releases Full Report On What Led To The Shooting Of Magistrate Kivuti
