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Koinange spouse’s passport plea rejected

Updated Sunday, September 23rd 2012 at 00:00 GMT +3

By Patrick Kibet

The High Court has rejected an application by former powerful minister Mbiyu Koinange’s wife to release her passport.

Eddah Wanjiku Mbiyu had moved to court on September 12 seeking to be granted her passport for 21 days to travel to UK with her daughter who has been admitted to a university.

Wanjiku had argued that she wanted to travel with her daughter to help her settle down. She submitted a letter of admission and a statement showing she had already paid fees to persuade the court to release her passport.

The prosecution, however, opposed the application on grounds that only Justice Anyara Emukule could hear the case.  She said the other option was to have a superior court review Justice Emukule ruling and not a court of the same jurisdiction.

Awkward position

Gordon Ogolla, representing Wanjiku, said the matter could not be heard by Justice Emukule as he was away.

Lady Justice Hellen Omondi, however, said the application had put her in awkward position, as she could not overrule Justice Emukule’s decision.

Omondi dismissed the application and noted that Wanjiku’s daughter was old enough to travel and register for her studies on her own.

Wanjiru has been charged together with Koinange’s son David Njuno Mbiyu, former farm manager Nicholas Ng’etich, Johnston Kipkurui, Stephen Mwanzia Musana ole Mbukoe and John Kiragu Macharia for the murder of Moses Lesaimoni Mpoe, a Maasai land rights crusader, and a Narok farmer Parsaayia Ole Kitu.

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