Devolution Principal Secretary Julius Korir was on Monday charged with assaulting his estranged pregnant wife Evelyn Koech.
This means he might step aside from his position as the PS.
The PS, who appeared before Milimani chief magistrate Susan Shitubi, denied the charges.
The charge sheet states that on September 17, 2020, at Ndalat Road, Karen, in Nairobi, he assaulted Koech and caused her bodily harm.
Through his lawyer Nicholas Ombija, he pleaded for lenient bond terms, saying he is not a flight risk as he is a government official. Ombija said Korir is unwell and placing him in custody would aggravate his condition.
“He is in charge of Devolution at the moment and there is a conference due in May where the participants are expected to be over 30,000 in Africa. Placing him in custody will disrupt the continental work,” Ombija told court.
Prosecution did not oppose his bail, but asked the accused to stop contacting the witnesses, some of who are employees of the accused and the complainant when they were living together.
Shitubi released him on a cash bail of Sh20,000.
She also warned the accused from contacting the witnesses in the case.
Shitubi directed the defence that in case they settle the case out of court, they are free to come back in court to withdraw the case.
The case will be mentioned on April 19.
Earlier on Monday, the court had issued a warrant of arrest against the PS but lifted it after Korir showed up in court.
The DPP had in the morning asked the court to issue a warrant of a case against the PS for failing to attend court in assault case for the fifth time.
Korir was to appear in court to confirm whether he and his estranged wife have agreed to settle the matter out of court.
However, the prosecution told the magistrate that the parties had not reached a consensus.
“We hoped that the case would be settled today, but since there is no agreement, we are seeking a warrant of arrest against the accused since he is out on police bond,” the prosecution said.
Through his lawyer, Korir pleaded for seven more days to have the matter settled, saying the delay was occasioned by the accused having a spinal cord problem.
“What has slowed down the process [is that] the accused has got a problem with the spinal cord. One of the bones is very painful and restricts his movement,” Ombija told court.
“He is willing to settle the matter and we are asking to come next week for settlement.”
The lawyer urged the court not to issue a warrant of arrest when there is a settlement in the offing.
He also said Sh450,000 was deposited in court to pay for the complainant’s rent for the month of January and February.
“Today we have also carried Sh450,000 in cash for this month’s rent,” the court was told.
Ombija further said he had forwarded transfer document of residential property to complainant’s lawyer and equally sent a letter to the agent to transfer all rent due payable to the new owner.
He dismissed claims that Korir was trying to play hide and seek with the court.
The complainant’s lawyer Kemboi Kibet, however, told the magistrate to issue the warrant of arrest, saying the accused has failed to appear in court in the case several times.
“The court knows that there is an ongoing settlement but the truth is that there is no consensus. There is no settlement,” the lawyer said.
He said if Sh450,000 was deposited in court, why is it at the court and not with the complainant.
“The accused is charged with assault where he injured the complainant. It constitutes to emotional abuse by dangling proposal for settlement and there is nothing,” Kibet said.
The country has a gender-based violence policy which states that the role of Judiciary is to expedite the case.
Kibet urged the magistrate to be guided by the policy of the government and the seriousness of the offence and to issue warrant of arrest to the accused.
Early march, the court gave Korir 30 days to settle the assault case or be charged.
