Exposed:Why Magistrate
abandoned Fr Makewa Trial Fr Makewa’s attempted murder trial may have to be heard afresh after the trial magistrate bolted out of the case .Makueni Principal Magistrate Joseph Karanja withdrew from the case after twice postponing delivering a ruling on whether or not to put Fr Makewa on his defence.
Karanja has been hearing the case since November 2010 and had heard evidence from all witnesses and set December 5 2011 as the day he would give his ruling on whether there was sufficient evidence to put the suspended priest in charge of Wote Parish on his defense.
By withdrawing, Mr Karanja has wasted over 13 months of work on the case including the time of witnesses, police officers and court staff, not to mention the anxiety from both the accused and the victim, Fr Fidelis Nzuki.
When the case was called up, the Magistrate called all the parties to his office to deliver a tirade on December 15 2011.
He put off the matter to January 9, saying that he needed the time to decide if he would give the ruling in the prevailing circumstances or withdraw altogether from the case.
Karanja cited unconfirmed allegations that he had been bribed, claims that were complicated by rumours allegedly circulated by Fr Makewa that he was due to be freed on that day.
The matter was not to be decided on January 9,2012 as Mr Karanja put it off again for unknown reasons to January 15, 2012.
As he withdrew, Karanja cited events that took place in his chamber of December 5 2011 and reported exclusively by The Anchor, saying the situation was worsened by the report of what he described as in camera proceedings.
Karanja seemed to whinge that the session he held with the parties to the case was inappropriately reported in The Anchor, that he shamelessly termed in extremely disparaging terms, exposing some outstanding lack of common sense in the process.
That notion on the part of Mr Karanja is as misplaced as it is obsolete. His office is not a private chamber and there is a great limitation as to the business he can transact in that chamber. Mr Karanja needs to know that being a public officer, whatever he does in his court room or his chamber is not a private matter and whenever a messenger of the people performs his duty, no amount of invective would be distractive enough to muffle the messenger.
The truth is that Karanja bolted out of the case due to allegations that he was financially compromised that were raised by none other than himself during the chamber session on December 5,2011. Who are his accusers? Only Mr Karanja knows them. Will the matter just die out? Only time will tell.
These are the exact proceedings of the day that he recorded.
“ 5/12/2012
Before-J KARANJA PM
Prosecutor-IP Katumo
C/clerk- Mwengi
Accused-present
Mr.Mwagambo for accused-we filed some documents aiming the right to put in submissions and we are ready to proceed straight to defence. We shall file our submissions after the defence hearing.
J KARANJA PM
Court
The same is noted; however counsel should procedurally await the court’s decision(whether the accused be put on his defense) in ruling. Be that as it may; before the matter proceeds any further ,there are issues I would like to address(and) which have been brought to my attention. I am aware that there are rumours or allegations of impropriety on my part and more specifically that I have been financially compromised.
I have also been made aware that the complainant perhaps being dissatisfied with the conduct has taken the proceedings here into several persons or office (with) again perhaps the intention of seeking intervention.
I would like to know if any of the parties before me today have any information on the above.
J KARANJA PM
Mr. Mwagambo-personally, I am not aware.
J KARANJA PM
Accused-I have no information and I cannot have said anything like that.
J KARANJA PM
Father Nzuki (complaint)-I do not know about the rumours .I have only shown the proceedings to some of my friends and discussed the case with them. I did not know it was wrong to do so.
J KARANJA PM
Mr.Mwagambo-on my behalf of my client, I do apologies most profoundly and I under take to caution him against discussing thematter out of court.
J KARANJA PM
Father Nzuki – I am happy with the proceedings and they reflect actually what has been said in court. I have confidence in the court and that I will get justice.
J KARANJA PM
Court-the responses are noted. However, I am not certainthat I will be comfortable proceeding with this trial in the circumstances .The matter will be mentioned on 9/1/2012 for directions on whether I shall continue presiding over the hearing of this trial or disqualify myself altogether.”
But when the trial resumed on January 9 2012, the story of the alleged bribery of the magistrate ended. Instead, he then took issue with the fact that The Anchor captured the proceedings even when they were held in the secrecy of his chambers. “Enough is enough”, the magistrate seethed and tossed the matter to the Chief Magistrate’s Court in Machakos for directions. So what is the exact story of bribery Mr Karanja; can it just be wished away?
As we went to press, the directions had not been given after two mentions and the file is on the desk of the Registrar of the High Court in Machakos.
Whether it is procedural or not for a magistrate to pull out of trial at the eleventh hour ,citing reportage of a newspaper on the events within the trial may be a matter to be decided elsewhere and The Anchor will be duty bound to report back to its readers.
However questions are being asked what exactly made Mr Karanja develop cold feet over the case. Why has he found it difficult to deliver a ruling over a matter he has heard to completion? Why could he not proceed and rule, the outcome notwithstanding, if he conscience was clean?
If he felt that the allegations that he had been bribed were weighty- which indeed they are, why did he not call for an investigation so that the police can get to the bottom of the matter?
As things stand now, Fr Makewa stands suspended and unable to perform his duties till the matter is dispensed with. Fr Nzuki is still awaiting justice to be administered in the matter. Worse still, none other than the magistrate himself has hinted that there are rumours(as he calls them) that he has been bribed. Besides, a case where a priest is charged with attempting to take the life of another is no run of the mill theme. As such, the truth must be told and all, including the magistrate must know that The Anchor will tell it as it emerges. Stay Anchored!
Meanwhile Father Makewa is demanding Sh 8m from The Anchor for alleged defamation.
In a demand letter from his lawyers, Makewa claims that graphic published by the paper displaying guns had depicted him as a dictator and not the man of God is supposed to be.
In demanding the cash, Makewa also wants an apology, a retraction of the pictures and a stop to the publishing of the reprts.
The Anchor has not depicted Fr Makewa as a dictator or as alleged and has been running the pictures merely to illustrate court proceedings arising from his trial. We will continue to bring to you reports of the proceedings as they unfold.
‑ Editor
