The family of Ngumbao Jola who was shot dead during a scuffle involving Gender and Public Service Cabinet Secretary Aisha Jumwa wants to withdraw from the case.
On Friday, the family said it would be unfair to subject Jumwa’s former bodyguard Geoffrey Okuto to a trial after the CS’s charges were dropped.
The Office of the Director of Public Prosecutions (ODPP) turned Jumwa into a key State witness in the trial against Okuto.
Okuto is on trial for the murder of Jola during the Ganda Ward by-election in 2019.
On Wednesday, the High Court allowed an application by the DPP to have Jumwa become a State witness after her charges were withdrawn.
Jumwa, through her lawyers Jared Magolo, Dunstan Omari and Duncan Osoro, applied to have her turned into a State witness.
The family claimed Okuto was protecting Jumwa when the incident happened and it would not make sense to try him while Jumwa is let free.
Jola’s mother, Mumba Mwambegu who could only speak in Giriama, could not hold back her tears.
“I have heard that she has been set free and charges withdrawn. If it’s really justice, let her be free but it’s God who will give his judgement,” she said.
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The family also raised concerns over their safety.
On Thursday, the family gathered at the gravesite of Jola for prayers after which they announced that they would no longer be part of the case.
Rodgers Katana, a family member, said they were still mourning Jola.
In an interview, Katana said they were surprised that the government had withdrawn murder charges against Jumwa, terming it ‘an injustice to the weak and poor”.
“We are mourning with bitterness because of the death and if there is God in heaven we leave it to Him,” he said.
Alfred Jola, a brother of the deceased, said the government initially did its investigations well when the case started.
“DPP Noordin Haji found out that Jumwa was the main suspect in the case. Surprisingly, the State now claims she is innocent.
“Why should she be a witness in front of us if she was a suspect who was charged? That issue really hurts me.” he said.
Alfred said God is the one who is going to judge the case and that since Jumwa’s charges had ben withdrawn, Okuto should also be set free.
Reuben Katana, the deceased’s uncle, said they were shocked that the key suspect in the murder case had been set free and made a witness.
He said the CS should be liable since she is the one who Okuto to their home.
“As a family since we are poor, we have nothing, we don’t even have a village elder in our home. We are even fearing for our safety because the key suspect is senior in the government, she has money,” he said.
Katana, a former Ganda MCA, said they had resolved as a family to leave the case to God to make the judgement.
He said they had written to the DPP through their lawyer expressing their wish to withdraw from the case.
Katana said as a family, they do not want to proceed with the case because they fear for their safety.
Jola was killed ahead of Ganda by-elections when Jumwa and her supporters stormed the home, claiming there was an unlawful meeting at the home as the campaign period was over.
During the scuffle, Jola was shot dead.