Nyeri Senior Principal Magistrate Pauline Maisy Omungala failed to take a plea at Machakos High Court today as prosecution requested her mental check.
She appeared before Justice George Odunga and could not take a plea because the courts must ascertain her mental capacity to stand a murder trial.
The prosecution asked the court to order her be remanded at Machakos GK Prison as she waits to be taken to Mathare Mental Hospital for examination but her defence lawyers protested against her being taken to prison citing her security.
Her lawyers argued that some of the inmates at the prison are there, courtesy of the magistrate and, therefore, it may complicate her stay at the institution.
Meanwhile, the Nyeri magistrate who is facing charges of murder filed an affidavit in Machakos court on Monday to stop her husband’s burial slated for March 15.
Omungala, through her lawyer Assa Nyakundi, filed a suit under a certificate of urgency at Machakos High Court to stop her late husband’s kin from taking the body to Baringo.
Omungala who once served at Kajiado law courts and was popularly known to fellow staff as Mrs. Chesang is under detention at Athi River Police Station through court orders to allow detectives pin together evidence that links her with the murder of her husband, Robert Chesang.
Chesang was sprayed with 7 bullets at their Lukenya home in Mavoko, Machakos County on February 17.
The Nyeri magistrate was detained after a law court sitting in Mavoko granted the prosecution nine more days for it to complete investigations.
Omungala wants the court to bar her in-laws, slain lawyer Chesang’s family, from burying the deceased as planned.
She opposes Chesang’s burial at his father’s home farm in Baringo County.
She, instead, wants their two issues (children) in their marriage and herself to bury her husband on their 10 acres land at Maili Tisa in Kajiado County.
The application was heard ex-parte by Justice George Odunga.
However, the deceased’s immediate family members have vowed to oppose the application.
“It’s true that the magistrate has filed an application stopping the burial of the late lawyer Chesang, and we are ready and prepared to object it,” said a family member of the slain lawyer who sought anonymity.
The court slated the magistrate’s application for March 14.