By JUDY OGUTU
A High Court Judge who was acquitted of attempted murder charges in December 2009 now claims Presidential contender, Martha Karua was behind his prosecution.
Justice GBM Kariuki claimed in court that a lawyer, Mr Steve Njiru had disclosed to him that the former minister was behind his prosecution and had instructed the then Attorney General (AG), Amos Wako to ensure his prosecution was mounted.
“It is while I was at Kamkunji Police Station that I learnt the genesis of the problem I was facing emanated from the then Minister for Justice whose lawyer had come to monitor whether I was being humiliated in the manner which the minister desired,” he told the court.
Justice Kariuki was giving evidence in a case where he has sued the State for damages alleging malicious prosecution.
He told High Court Judge, Justice George Odunga that he knew Karua who was his friend of many years.
“She was getting at me as a result of walking away from her,” Justice Kariuki said.
While being led in his evidence in chief by lawyer Stephen Mwenesi, he said he was charged unfairly.
Justice Kariuki had been charged with attempting to unlawfully cause the death of Mr Peter Kamau Karori by stabbing him in the stomach with a sharp object. He also faced an alternative charge of causing grievous harm to Karori.
The then Chief Magistrate, Mr Gilbert Mutembei acquitted him of the charges saying the prosecution had failed to prove the case against him.
On Friday, he told Justice Odunga that the charge against him was a hoax and that the magistrate had found that his accuser was stabbed when he was on a drinking spree.
The judge also recalled how he was arrested in a commando style by a contingent of police who went to his house.
“I feel I was humiliated as a public officer and sitting judge. Police raided my house commando style armed with AK47 rifles with the press in tow in no less than two vehicles,” he said.
The court heard how the judge's neighbours came out thinking something terrible had happened at his house.
He said an impression had been created that he had refused to open the gate and as a result police climbed over the fence and gate to gain access to the compound.
While being cross-examined by Mr Charles Mutinda for the AG, he said the prosecution against him was mounted by the State.
He also said he never wrote to Karua because those who prosecuted him allegedly got instructions from her and they could have refused to prosecute him.
“I never wrote to her. There was no need to write to her because she did not prosecute me. Those who got instructions could have refused to prosecute me,” he said.
He did not also sue Karori because he was being used in the prosecution and "he is not interested in him paying him damages."
Case resumes on July 27.