Kidero, Shebesh face charges over slap

Nairobi Women representative Rachel Shebesh and Nairobi Governor Evans Kidero. The Director of Public Prosecutions Keriako Tobiko ordered that Dr Kidero should be charged with assault and Ms Shebesh with creating disturbance over an incident in which the MP claimed that the governor slapped her. PHOTO/FILE

What you need to know:

  • Nairobi county CID chief Nicholas Kamwende had however earlier recommended that both Dr Kidero and Ms Shebesh be charged with affray.
  • They had both presented medical examination reports, P3 forms, indicating they had each been injured. Each also presented several witnesses. About 10 people recorded statements to support Kidero’s allegation, while Ms Shebesh had seven witnesses.
  • Section 176 allows reconciliation by allowing parties to reach an out of court settlement on a personal or private matter not amounting to felony, and not aggravated in degree.

Nairobi governor Evans Kidero and the region’s Women Representative Rachel Shebesh will be both charged over a fracas inside County Hall.

The Director of Public Prosecutions Keriako Tobiko ordered that Dr Kidero should be charged with assault and Ms Shebesh with creating disturbance over an incident in which the MP claimed that the governor slapped her. Dr Kidero denied it.

Mr Tobiko has 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.

“The DPP has directed police to prosecute Dr Kidero with assault and Ms Shebesh with creating disturbance,” an official in the DPP office told the Nation.

UGLY, UNFORTUNATE INCIDENT

Nairobi county CID chief Nicholas Kamwende had however earlier recommended that both Dr Kidero and Ms Shebesh be charged with affray.

Under Section 92 of the Penal Code, affray is defined as taking part in a fight in a public place, and those found guilty are liable to imprisonment for one year.

They had both presented medical examination reports, P3 forms, indicating they had each been injured. Each also presented several witnesses.

About 10 people recorded statements to support Kidero’s allegation, while Ms Shebesh had seven witnesses.

Dr Kidero allegedly slapped Ms Shebesh on September 6 and she filed a complaint at the Parliament police station.

The governor then reported the matter to Central Police station and claimed that Ms Shebesh first hit him in the groin.

The incident happened when Ms Shebesh joined striking council workers who had stormed the governor’s office at City Hall. As Dr Kidero opened the door, he was confronted by Ms Shebesh and around 30 workers.

Dr Kidero however later apologised to Ms Shebesh, terming his reaction “unfortunate” and the incident “ugly.”

Earlier, there were indications that Ms Shebesh was likely to withdraw her complaint.

PROVISION FOR WITHDRAWAL

According to legal experts, even if the matter proceeds to court, she can still withdraw her case.

The Criminal Procedure Code (CPC) has provisions for withdrawal of cases.

Section 176 allows reconciliation by allowing parties to reach an out of court settlement on a personal or private matter not amounting to felony, and not aggravated in degree.

Another section, 204, allows the complainant to withdraw his complaint at any time before a final order is passed, after he or she satisfies the court that there are sufficient grounds for permitting him or her to withdraw his complaint.

If charged, Dr Kidero would be the first among the 47 county chiefs to be arraigned in court on assault charges.