Murder charge against Aisha Jumwa formally withdrawn

The Office of the Director of Public Prosecution (ODPP) made an application at Mombasa High Court to have the murder charge withdrawn, and Jumwa to be a state witness. 

In a letter by the ODPP, court was told that though the threshold test was met at the point of making the decision to charge, the evidentiary test on relation to the doctrine of common intention has not been met.

"Therefore the charges against the second accused can therefore not be sustained in the circumstances," court was told.

Jumwa will now be a state witness and is expected to testify against her former bodyguard Geoffrey Okuto.

ODPP undertook a review of the prosecution file after request was made by her lawyers Danstan Omari and Shadrach Wambui.

"We have no objection to have the second accused discharged then we can have the first accused person take the plea afresh," the defense submitted. 

"We are grateful that the state reviewed the evidence and came to a conclusion that there's no evidence," said Omari.