Woman fights bid to stop rape trial

A woman who was allegedly raped by Imenti Central MP Gideon Mwiti wants a case in which the politician seeks to stop his prosecution dismissed.

Through lawyer Harun Ndubi, the woman told a Nairobi court yesterday that the reasons given by Mr Mwiti as to why his trial should not proceed were unsatisfactory.

Mr Mwiti had moved to the High Court seeking to stop his prosecution and obtained orders stopping the start of the trial.

He claims that the criminal trial against him would not be carried out fairly because the woman is being represented by lawyers under the Victim Protection Act, with the aim of taking over the role of prosecuting the case instead of leaving it to the prosecution.

But Mr Ndubi told court that Mr Mwiti has a right to be represented in the trial, to know the evidence going to be used against him and that the Victim Protection Act would not undermine his right to a fair trial.

“Fair trial is not only in relation to the accused but all players in the criminal justice system,” Mr Ndubi argued.

If the High Court were to stop the prosecution of the MP, it would be an abuse of the judicial process and complaints raised by Mr Mwiti could equally be tackled by the trial court, he added.

Mr John Khaminwa, for the MP, had earlier told court that the politician had complained about negative publicity over the allegations he is facing even before the matter was taken to court, a claim the woman dismissed as baseless.

The fact that Mr Mwiti has a co-accused, who was facing allegations relating to aiding him to conduct an HIV test on the woman without her consent, was also an issue of public interest, hence the need for the Victim Protection Act to be enforced in his trial, Mr Ndubi said.

The hearing continues.