Maraga explains judgment in the murder of ex-MP

Chief Justice nominee David Maraga appears before the National Assembly Justice and Legal Affairs Committee for vetting on October 13, 2016. PHOTO | JEFF ANGOTE

Chief Justice nominee David Maraga on Thursday defended himself against claims that he mishandled the murder charge against a policeman who killed former Ainamoi MP David Kimutai Too.

The family of Mr Too has filed a petition against Justice Maraga’s appointment as Chief Justice, arguing he lacks the competence to head the Judiciary.

“I was dealing with two defences in this case; one of self-defence and the other of provocation. If I applied the self-defence option I would have acquitted that man and he would have gone home,” he said.

Justice Maraga said he opted for the provocation option, which led to the manslaughter charge. Andrew Moeche shot dead Mr Too and policewoman Eunice Chepkwony in 2008 in what was believed to be a love triangle row.

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