Justice James has been questioned for his intellectual capability of the constitution after delivering his judgement on Monica Kimani’s murder case bail application.
Jacque Maribe and Joe Irungu have been the main suspects in the murder case.
Jacque Maribe was granted bail and Jowie was denied. In reading the grounds of denying Jowie the bail application presented by his lawyers, Justice James Wakiaga describe Jowie as a male version of a slay queen and a woman eater. He also said Jowie is a flight risk because of his gun handling experience.
“The first accused is a male version of a slay queen. I would describe him as a woman eater…” Judge Wakiaga description of Jowie
— Linus Kaikai (@LinusKaikai) October 30, 2018
The words “slay queen” and “woman eater” have raised a lot of eyebrows on the motive of the judge. His fellow learned friends have even questioned whether the judge used the law tabloid or used the pedestrians tales to deliver his judgement.
Question for MY FRIEND, Chief Justice (rtd) Dr Willy Mutunga: Is there a UNIFIED THEORY of JUSTICE in our Judiciary? Does a 'WOMAN Eater' (whatever that means) have the same CONSTITUTIONAL right to BAIL as " a SLAY QUEEN"? ( A Pedestrian term used by TABLOIDS) "james wakiaga"
— Mutahi Ngunyi (@MutahiNgunyi) October 30, 2018
Although the reasons might be valid they have questioned the legibility of the judge in handling the matter. Because the term woman eater is gross and it is to some extent considered as a hate term.
A very sad day. He should excuse himself from hearing that matter. Me think
— Hon. William Kabogo (@honkabogo) October 30, 2018
The term according to other learned friends is like a snippet to the final ruling of the case which is still in the corridors of justice.
Very valid question!
— Prof J. Ole Kiyiapi (@JamesOleKiyiapi) October 30, 2018
Some have even pushed that the judge should excuse himself from the case as he might possess some personal motive that may per-determine the judgement without a proper analysis of the evidence presented to the court.
Labda anamaanisha akijaribu kusema yeye ni mzigo anataka kutoka Kenya pia serikali itangora pic.twitter.com/EHD4de1MUQ
— Amory Kiruri (@dimorykirush) October 31, 2018
Some people have fore-seen the judgement being applied selectively and that the constitution is at stake in handling the matter. Rather the judge is using his personal feel to arrive at the final ruling.
The judge delivered a ruling already and declared Maribe only guilty of falling in love and Jowie a homeless gun wielding criminal. The level of unprofessionalism by that judge is shameful.
— Tired Kenyan 🇰🇪 (@kelvin_bishop) October 30, 2018
This comes as the family of the brutally murdered Monica Kimani awaits justice to be served. Their daughter who was brutally murdered was doing unknown business in South Sudan. The family is trying to establish the relationship she had with the accused person, Jowie and the nature of her business.
i think @MutahiNgunyi is insinuating that MARIBE is the slayqueen and she has been granted bail, but her equal in the MALE world is denied the same because he has an extension in his SLAYQUEEN title – a woman eater. So unfair. Rip Monica
— Research Assistant (@collomoseti) October 30, 2018
The judge came out as biased against Jowie. The name calling mockery session was not necessary.
— PAUL OTIENO ONYANGO (@JAKADAWA) October 30, 2018
Prof Mutahi Ngunyi should read some of the judgments from the Supreme Court of Kenya to see for himself the "horror juris-"prudence" of the courts…disaster…my friend. https://t.co/kVgGRfWQ9e
— Ahmednasir Abdullahi SC (@ahmednasirlaw) October 31, 2018
DO YOU THINK NAME CALLING TO JOWIE BY JUSTICE WAKIAGA MIGHT HAVE ANY EFFECT TO THE CASE?