Judge faces arrest over stabbing of motorist


Published on 20/10/2008

By Cyrus Ombati

A High Court judge may find himself in the dock following the stabbing of a motorist after a minor road accident in the city.

Mr Justice GBM Kariuki is alleged to have punched a motorist, Mr Robert Kamau, and then stabbed him in the stomach on Ngecha Road in the city’s Lower Kabete area.

Kamau, a driver with an NGO, is undergoing treatment at the MP Shah Hospital.

Relatives of Robert Kamau Karori stand at his bedside at the MP Shah Hospital ICU ward in Nairobi, on Sunday.

[PHOTO: JOHN MATUA]

Police said Justice Kariuki and Kamau were driving from opposite directions on Lower Kabete Road at about 8pm when their vehicles were involved in a minor accident.

The judge, who was driving his official Mercedes Benz car, was alone at the time of the incident, while Kamau had two passengers in his Toyota Corolla vehicle.

Policemen who went to the scene of the accident claimed that Justice Kariuki intimidated them.

"He was rude and did not want anyone to touch him as he made several calls on his mobile phone," said one officer.

And after the officers had cleared the scene, they detained both cars at Parklands Police Station.

Knife seized

The officers seized the knife, which the judge allegedly used to attack the motorist and are likely to use it as an exhibit in court.

They also recovered his broken spectacles and watch from the judge’s car. A senior officer who declined to be named said the judge, who is based in Kericho, is likely to appear in court anytime from tomorrow to face a criminal charge.

"We are waiting for instructions, but he will be in court to face a serious charge because there is evidence," he said.

The judge had not been arrested by last evening and police seemed cautious and wanted to avoid holding him for more than 24 hours. The earliest time he could appear in court is tomorrow morning, 60 hours after the incident.

Brief argument

Police sources say the judge and Kamau stopped at the scene and argued briefly. Kamau then asked the judge that they drive to the nearby Spring Valley police station and lodge a complaint as the scene of the accident was unlit and unsafe.

Kamau then went back to his car and drove, with Justice Kariuki in hot pursuit. It is understood that the judge thought this was a ploy for Kamau to flee, and after a brief chase, he overtook and blocked his car.

He came out of the car and demanded why Kamau was escaping.

Speaking from his hospital bed, Kamau said the judge confiscated his car keys and slapped him, prompting his two passengers to intervene.

Damages

In the ensuing scuffle, the judge’s wristwatch and spectacles were damaged.

He then allegedly went back to his car and returned with a sharp object that, according to police, looked like a knife.

Without warning, he reportedly stabbed Kamau twice in the stomach, sending him to the ground. His colleagues fled.

Justice Kariuki then sped off to Spring Valley Police Station where he reported the incident. Kamau and his colleagues arrived minutes later.

Kamau, who was bleeding profusely, was asked to go to hospital and seek treatment first before recording a statement.

"We stopped at the scene and he told me I had hit his side mirror. He demanded that I pay him. He then slapped me and took away my keys. As I went for the keys, he stabbed me," said Kamau.

At the hospital on Sunday, the victim’s relatives demanded justice.

"He (the judge) should be taken to court for justice to prevail," said Kamau’s brother, Kuria.

A nurse at MP Shah Hospital said Kamau had serious injuries in the stomach.

No comment

We were unable to get the judge’s comment as his mobile phone was switched off.

Several judges were last evening consulting in a bid to see how to resolve the matter.

A judge close to Justice Kariuki who sought anonymity said they would be looking for ways to settle the matter out of court. He said: "We are trying to see what we can do because this thing has many implications on us."

Justice Kariuki was appointed judge on May 22, 2003. He holds a Bachelor of Laws degree from the University of London and a diploma in Legal Practice from the Kenya School of Law.

Prior to his appointment to the Bench, Justice Kariuki was an advocate of the High Court in legal practice for 30 years.

He is also a senior counsel.

 

 

 

 

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