Court of Appeal Judge David Maraga has been grabbing headlines for the past one week after he floored revered justices to top the Chief Justice interviews.
However, those who have been following court cases and especially that involving the murder of a member of parliament in 2008 at the height of the post-election violence remember the judge pretty well.
Ainamoi MP David Kimutai Too was gunned down by a police officer who rode on a motorbike on January 31, 2008, in Eldoret town. He was accused of having an affair but the real motive was politics due to the buggled 2007 elections. Mr. Too was a die hard supporter of ODM and the Kenyan government at the time was trying to reduce the numbers in parliament to tame the opposition. Many cases handled by Hon. Judge David Maraga were severely buggled beyond repair.
The police officer, Andrew Moeche Omwenga, also killed a woman who was in the company of the MP.
She was Constable Eunice Chepkwony who was said to be Omwenga’s girlfriend.
Omwenga was apparently irked by Eunice allegedly having an affair with the MP.
Justice Maraga, who was then a judge at the High Court in Nakuru, handled the case where Omwenga was accused of murder.
However, the judge surprised many when he acquitted Omwenga of murder but found him guilty of manslaughter.
He then sentenced the suspect to 10 years in jail.
During the CJ interviews, Maraga was at pains to explain how he reached the decision to sentence the accused to 10 years in jail.
He admitted that he is human and prone to err but said the government had appealed his ruling.