DPP Keriako Tobiko to decide fate of Evans Kidero and Rachel Shebesh
(L to R) Director of Public Prosecutions Keriako Tobiko, Nairobi Women’s Representative Rachel Shebesh and Nairobi Governor Evans Kidero. PHOTOS | FILE
What you need to know:
- The DPP on January 2 ordered that Dr Kidero should be charged with assault and Mrs Shebesh with creating disturbance over an incident at City Hall on September 6, 2013
- Mrs Shebesh on February 2 said she had forgiven Dr Kidero
Nairobi governor Evans Kidero and the county's women representative Rachael Shebesh are not off the hook yet unless the Director of Public Prosecutions Keriako Tobiko recognises a reconciliation consent they filed in court and formally drops the criminal charges against them.
The parties on Friday told the High Court that they struck an out of court settlement over the public spat that nearly saw them charged with assault and creating disturbance respectively.
A consent filed before the court stated that "the complaints they made against each at Parliament police station and Central police station in relation to the incident of September 6, 2013 are hereby withdrawn and renounced entirely".
In the consent, the leaders promise "never to revisit the complaints".
The two leaders had lodged petitions at the High Court to block their prosecution after earlier negotiations failed. (READ: Shebesh seeks court order to stop arrest)
WATCHMAN CLAIMS TO HAVE BEEN ASSAULTED
Moments after the presentation of the consent in court, demonstrators accompanying a watchman claiming to have been assaulted by Mrs Shebesh jammed the courts precincts asking the DPP to take action against her.
Mrs Shebesh has already recorded a statement at the Kilimani police station where Mr Kazungu Chengo said he reported the incident.
"I am appealing to authorities to intervene and assist me to get justice in this matter... since I am a poor watchman justice is being denied," Mr Chengo said.
On Friday, lawyers Tom Ojienda and Cecil Miller said the consent should amount to a withdrawal.
"We have served the DPP with the said consent... in a few days the matter will come to an end, more so after he considers and endorses it," Mr Miller said.
He told the court that Dr Kidero had not written to the DPP yet.
High Court judge David Majanja gave the parties up to February 21 to serve the DPP with the agreement.
"I have seen the conciliation agreement but the DPP must formally withdraw the charges," the judge said.
A High Court judge had earlier ordered the parties to reconcile or face prosecution.
"It is now hereby voluntarily and unequivocally agreed between Dr Kidero and Mrs Shebesh in the presence of their legal teams that they will never revisit the complaints they made against each other," the consent said.
On September 6, 2013 Dr Kidero and Mrs Shebesh clashed at City Hall when she led striking county workers to his office.
The DPP had on January 2 ordered that Dr Kidero be charged with assault and Mrs Shebesh with creating disturbance over an incident at City Hall on September 6, 2013.
Mr Tobiko had recommended to the Directorate of Criminal Investigations boss, Mr Ndegwa Muhoro, that the two be charged after perusing a file which was forwarded to his office.
MADE PEACE
Mrs Shebesh on February 2 said she had forgiven Dr Kidero. (READ: Kidero and Shebesh make peace)
“I have forgiven Kidero unconditionally and I am ready to work with him … As women, we have been taught to forgive,” she said during an address to a congregation at the Christian Outreach Church in Mwiki, Nairobi.
She admitted that her move was as a result of many reconciliatory meetings both the governor and herself attended.
On the same day, Dr Kidero, through his twitter account, thanked Mrs Shebesh for her forgiveness and said he would continue working with her closely. (READ: Shebesh forgives governor at last)
