MP facing rape charges to know fate next month
What you need to know:
- The MP is charged alongside, Dr David Muchiri, who is charged with aiding the MP to commit the offence.
- Mr Mwiti has moved to the Supreme Court after losing two appeals at the High Court and Court of Appeal.
- Three judges of appeal last month dismissed with costs his application to suspend the case before the chief magistrate’s court.
A magistrate has directed a rape case against Imenti Central MP Gideon Mwiti be heard from November 16.
Ms Joyce Gandani declined to suspend the hearing until the Supreme Court decides on the validity and legality of the case whose penalty is life imprisonment.
A defence lawyer Dr John Khaminwa said they have lodged an application at the Supreme Court to challenge the trial.
“If there is no order from the Supreme Court stopping this court from trying the MP, then the case will have to proceed,” Ms Gandani, a senior principal magistrate at the Nairobi Milimani Law Courts said.
The MP is charged alongside, Dr David Muchiri, who is charged with aiding the MP to commit the offence.
Mr Mwiti has moved to the Supreme Court after losing two appeals at the High Court and Court of Appeal.
Three judges of appeal last month dismissed with costs his application to suspend the case before the chief magistrate’s court.
Judges Alnashir Visram, Festus Azangalala and Fatuma Sichale dismissed with costs the appeal by the MP, who is opposing his trial.
“Being dissatisfied with ruling of the three judges of the court of appeal, Mr Mwiti now applies to move to the Supreme Court to seek a determination whether he has a right to receive all evidence and interrogate all witnesses,” lawyer Dr Khaminwa told the court.
Dr Khaminwa and Henry Kurauka who are defending Mr Mwiti are asking the Supreme Court to interpret Article 50 of the Constitution on fair hearing.
The three judges upheld a ruling by high court judge Mr Justice Weldon Korir that the case against the lawmaker of rape and assault do proceed for hearing.
The three judges said Mr Mwiti’s appeal before them lacks merit and “proceeded to dismiss it with costs to the Director of Public Prosecutions, three lawyers Muciimi Mbaka, Harun Ndubi and Teresia Omondi.”
In his ruling Justice Korir said: “In my view all the grounds raised by the petitioner can only be determined by the trial court where he will have an opportunity to defend himself. I cannot see any merit in the petition and as such none of the prayers sought can be granted.”
The MP wanted the court to issue temporary orders barring the lawyers, Harun Ndubi, Muciimi Mbaka and Teresia Omondi, from tabling evidence or submitting as co-prosecutors in the case.
Justice Korir said the Victims Protection Act was clear that a victim of a crime of that nature can swear an affidavit that can be used in court during trial.
“The decision by the Director of Public Prosecutions (DPP) to institute criminal charges against an accused persons is discretionary and cannot be directed or controlled by any person.
“There is no doubt the office of the DPP is within the set limits,” he ruled.
Mr Mwiti, who has denied all the charges, is out on a Sh100,000 bail.
