Meru Senator Mithika Linturi wants a court to order the Office of Director of Public Prosecutions to furnish him with photos and videos allegedly taken by a woman he is accused of sexually assaulting at a hotel in Nanyuki.
Mr Linturi on Tuesday asked the magistrate court in Milimani to compel the prosecution to give him the evidence including pictures investigators claimed to be possessing.
When the case came up for hearing before Chief Magistrate Susan Shitubi, the senator’s lawyer informed the court that the prosecution was yet to disclose all evidentiary material to enable him prepare his defence.
"Also missing are photographs by the complainant and the eyewitnesses at the hotel taken using their mobile phones and surrendered to DCIO Nanyuki police station," lawyer Muthomi Thiankolu, representing Mr Linturi, said.
Mr Thiankolu insisted that the photos and videos taken by witnesses will help the court arrive at a just decision since they will shed light on what transpired on the fateful day.
He is accused of committing an indecent act with an adult on January 30, 2021 at Maiyan Villas Resort in Nanyuki, Laikipia County.
The senator is alleged to have committed the offence at around the 3am, the charge sheet reads, after slipping into the married woman’s hotel room bed when her husband was away.
He faces two charges of attempted rape and indecent act with an adult, which he has since denied. He is out on a cash bail of Sh200,000.
His lawyer further urged the court to compel the prosecution to supply him with the witness statement of the woman, witnesses and a copy of the report registered at the police Occurrence Book. He said the records were not in the inventory of statements and documentary material supplied to him.
In response, the prosecution sought for more time to avail the said evidence to the senator before the matter kicks off for trial.
The magistrate, however, granted the Prosecution’s request and directed the case be mentioned on March 15 to confirm exchange of documents and further directions.
