Doctor in Imenti MP Gideon Mwiti rape case arrested
Police and Pharmacy and Poisons Board arrest Dr Mwangi Muchiri (left) at his Fig-Tree Medical Centre in Nairobi on March 27, 2015, for operating without a license. PHOTO | JEFF ANGOTE
What you need to know:
- And while allowing him not to be kept in the cells, Lady Justice Grace Ngenye Macharia declined to grant the anticipatory bail as well as stopping his imminent arrest.
- The High Court judge ruled that in granting the requested orders would be interfering with the rules of justice and directed that incase Mr Mwiti is to be arrested before April 8 when his application will be heard again in court, the police should not keep him in the cells as required.
The doctor at the centre of Imenti Central MP Gideon Mwiti rape case, Mwangi Muchiri, has been arrested and his Fig-Tree Medical Centre clinic closed down.
Mr Muchiri was arrested and his Fig-Tree Medical Centre Clinic at Ngara, Nairobi closed down by the police and officials from the Pharmacy and Poisons Board.
Dr Muchiri, is alleged to have taken a blood sample and conducted the test before the woman was reportedly raped by the MP.
Meaanwhile Mr Mwiti Friday also managed to block the police from locking him up in the cells just in case he is arrested in the next ten days over the rape allegation he is facing.
In an application seeking an anticipatory bail to stop his arrest, through lawyer John Khaminwa, the MP sought to prevent his imminent charging and arrest over the said claims.
And while allowing him not to be kept in the cells, Lady Justice Grace Ngenye Macharia declined to grant the anticipatory bail as well as stopping his imminent arrest.
INTERFERING WITH JUSTICE
Even though he sought to deposit Sh150,000 if directed by court and pledged to abide by the directions which would be issued to stop his imminent arrest, the judge declined to heed to such a request.
The High Court judge ruled that in granting the requested orders would be interfering with the rules of justice and directed that incase Mr Mwiti is to be arrested before April 8 when his application will be heard again in court, the police should not keep him in the cells as required.
“Police have a duty to arrest anyone with an offense but there is a provision in the law that stops arbitrary arrests, in my view the orders sought are not deserving, it would not be prudent to stop the police from doing their work,” Lady Justice Macharia ruled.
The High Court judge explained that the police would have no justifiable case to merely arrest him just like that even if Mr Mwiti’s situation has already received much publicity and his personality as a leader.
He has sued the Gigiri Divisional Criminal Investigations (DCIO) Office and the Inspector General.
Mr Khamiwa explained that circumstances surrounding Mr Mwiti are merely based on a fact which has not been adequately investigated but has been admitted and catapulted by lobbies and media reports.
