Lari MP opposes cop assault case

Lari MP Joseph Kahangara declined to stand trial for assaulting a police officer citing double jeopardy.

The hearing was suspended at the chief magistrate’s court in Nairobi after the MP raised an objection on grounds that it was a duplication of facts already filed in a separate traffic offence charges pending determination before another court.

He objected to the proceedings, saying the criminal case was an offshoot of traffic offences still awaiting a hearing and determination before a different court on April 4.

Mr Kahangara now wants the two cases merged and determined on one basis. His lawyer said that should the courts determining his cases come up with different judgments “it would also be an embarrassment to the judiciary.”

The MP’s lawyer also argued that it would save judicial time once the cases are merged.

In the objection, the MP said he “was not ready” to proceed with the assault case as it was since both cases arose from similar facts and have same witnesses.

The MP has denied assaulting the traffic police officer, David Ruto, on December 6, 2013 at Globe Cinema Roundabout, Nairobi.

He is also facing multiple counts of flouting traffic rules including driving on a public road without a licence and failing to stop when an officer flagged him down.

On Monday, the prosecution asked for a week to consult the Director of Public Prosecutions on the proposed merger.