Court declines to stop Imenti Central MP Gideon Mwiti's rape case
Imenti Central MP Gideon Mwiti at the Milimani Law Courts on April 2, 2015 where he was charged with rape, assault and intimidation. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- The judge said Mr Mwiti was best placed to argue his case before the trial court and he was refraining from interfering with the prosecution.
- Mr Mwiti had claimed that evidence in the rape case had been tampered with and thus he may not get a fair hearing.
- His lawyer, Dr John Khaminwa, had told the judge that "tampering of the evidence could deny the client a right to fair adjudication of his case."
The High Court has declined to stop Imenti Central MP Gideon Mwiti's prosecution in a case in which he is charged with raping a woman.
Justice Weldon Korir dismissed the politician's petition contesting the criminal case, which had been temporarily suspended by the Chief Magistrate's court.
The judge said Mr Mwiti was best placed to argue his case before the trial court and he was refraining from interfering with the prosecution.
“In my view all the grounds raised by the petitioner can only be determined by the trial court where he will have an opportunity to defend himself. I cannot see any merit in the petition and as such none of the prayers sought can be granted,” Justice Korir ruled.
Mr Mwiti had claimed that evidence in the rape case had been tampered with and thus he may not get a fair hearing.
He alluded to a cloth that was allegedly torn at a police station in order to implicate him.
His lawyer, Dr John Khaminwa, had told the judge that "tampering of the evidence could deny the client a right to fair adjudication of his case."
“At this point, this court is not able to determine the sufficiency of the evidence to be used against the petitioner and he should, therefore, stand trial,” Justice Korir said.
The judge disagreed with the petitioner's allegations that the victim’s lawyers were not supposed to have participated in the investigations and the court proceedings when he took plea.
Mr Mwiti had also claimed that a team of lawyers representing the complainant had usurped the role of the Director of Public Prosecutions (DPP).
However, Justice Korir said: "The victim, who is also the complainant in the case, has a right to represented by an advocate of her choice. I do not find any wrongdoing in involving her lawyers in the investigations and trial so long as it is within the parameters of the Victims Protection Act."
“The decision by the DPP to institute criminal charges against an accused persons is discretionary and and cannot be directed or controlled by any person, not even this court....there is no doubt the office of the DPP is within the set limits,” the judge said.
Justice Korir further dismissed Mr Mwiti’s arguments that the Sexual Offences Act, which the prosecution intends to rely on, was unconstitutional.
“Parliament is the organ with the powers to legislate and the judiciary’s role is to interpret and enforce the law. The courts have no power to question the wisdom of Parliament in enacting such an act,” Mr Korir said.
