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MP Gideon Mwiti’s trial for rape on hold

by 11/08/2015 13:59:00 0 comments 1 Views

The High Court in Nairobi on Monday put on hold Imenti Central MP Gideon Mwiti’s trial for alleged rape.

Judge Weldon Korir granted him a reprieve after lawyers representing the complainant in a magistrate’s court protested against the publication of confidential information of a medical report in a newspaper.

While the MP’s lawyer, Mr John Khaminwa, defended the report, Justice Korir, before halting the trial, said the case in which the MP is seeking to permanently stop the trial, had raised some weighty issues, “which might require to be determined by a full bench”.

The judge said the role of the complainant in a trial needed to be established, among other issues, in determining Mr Mwiti’s case in the High Court. The MP’s trial had been set for August 19.

“In the matter brought before this court, I would like to think a bench is suitable to determine the role of victim and complainant, it’s a key new issue even though there are others. I will make a ruling on September 18, before then the trial is suspended,” said Mr Justice Korir.

The judge also said he would decide whether to send the file to Chief Justice Willy Mutunga to constitute a bench to hear and determine the case on the day he would issue his ruling over protests from the victims’ lawyers, Mr Wilfred Nderitu, Mr Harun Ndubi, Mr Muciimi Mbaka and Ms Teresiah Omondi.

Mr Nderitu had told court that releasing the medical report had tampered with evidence that was yet to be tendered in court. He questioned the similarity of the report and the case documents filed by Mr Mwiti. The lawyer wants the media house involved summoned to explain the source of the information.

But Mr Khaminwa said it would be unconstitutional to summon the media house because the report favoured Mr Mwiti, yet stories about the rape allegations were in support of the victim and complainant.

While Mr Nderitu said that they had written a protest letter over the evidence tampering allegation, Mr Khaminwa insisted that the complaint and the medical report had not been included in other case documents. Mr Mwiti first moved to court to bar the police from locking him up.

When he was appeared before Resident Magistrate Edda Agade, he was freed on a Sh100,000 cash bail after denying raping, intimidating and assaulting a married woman in Nairobi on March 21,

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