Tobiko takes over Mwiti rape case

What you need to know:

  • Detectives were, however, waiting for DNA results from the Government Chemist before making any recommendations to Mr Tobiko.
  • Mr Mwiti has in recent days taken a low profile, unlike at the beginning of the investigation when he freely visited restaurants and spoke to the media.
  • Lady Justice Grace Ngenye Macharia rejected Mr Mwiti’s application seeking anticipatory bail to bar police from arresting him.

The Serious Crimes section of the Directorate of Criminal Investigations has taken over the rape case involving Imenti North MP Gideon Mwiti.

The investigation file will be handed over to Director of Public Prosecutions Keriako Tobiko, who is expected to decide the MP’s fate on Thursday.

The head of criminal investigations in the Gigiri Police Division in Nairobi, Mr Daniel Kandie, handled the matter in its early stages.

The officers recorded statements from the MP, a woman who made the rape claims and more than 10 other people.

“The matter is now with the headquarters and queries should be directed to the director,” he said.

Detectives were, however, waiting for DNA results from the Government Chemist before making any recommendations to Mr Tobiko.

The MP’s samples were submitted for DNA testing last week.

Mr Mwiti has in recent days taken a low profile, unlike at the beginning of the investigation when he freely visited restaurants and spoke to the media.

He has been out of reach even on his two known mobile phone numbers.

The MP has also not appeared before the investigators since he was interrogated three times last week.

A detective told the Nation that the MP would be summoned when required. A security officer at Pizza Garden, one of the premises the MP visited in the company of a woman who has made the rape claim, is among the latest witnesses to be interrogated.

The investigation team, which is working closely with the Director of Public Prosecutions, is considering physical assault charges, in addition to rape.

The woman reported that the MP raped her, after having a doctor test her HIV status by force, at his office at Westlands on March 22.

A court on Friday thwarted efforts by the MP to stop police from arresting him.

Lady Justice Grace Ngenye Macharia rejected Mr Mwiti’s application seeking anticipatory bail to bar police from arresting him.

The judge, however, directed that in case police arrest Mr Mwiti, they should not lock him up.

He had sought to deposit Sh150,000 if directed by the court and pledged to abide by the directions issued to stop his arrest, but the judge declined the request.

There were 15 people, whom the MP said were with him at the time the assault allegedly happened and police have spoken to some of them.

Mr Mwiti was interrogated more than once to clear contradictions and inconsistencies. He is represented by Mr John Khaminwa.