MP Gideon Mwitis rape case to resume

MP Gideon Mwitis rape case to resume

The rape case against Imenti Central MP Gideon Mwiti is set to resume after High Court on Thursday dismissed his petition challenging its legality.

The High Court had earlier granted a temporary injunction as had been requested by Mwiti in a petition where he alleged defense interference with the evidence and private prosecution by the victim’s advocates that would not warrant him a fair trial.

However, in his judgment on Thursday Justice Weldon Korir said that he did not have sufficient evidence to warrant quashing of the trial since the alleged evidence interference could only be determined by the trial court, and in addition the case can proceed with alternative evidence.

On the issue regarding claims of illegal private prosecution, the judge said that the victim has a right to be fully involved in the case whether in person or through a representative as guaranteed by the law.

Mwiti, through his lawyer, has however promised to immediately challenge the decision at the appeals court.

Mwiti was in April this year freshly charged with rape and assault as well as intimidation of a former journalist.

Charged alongside him was David Muchiri, the doctor who allegedly administered the HIV test to the victim.

Dr Muchiri was charged with aiding and abetting the offence of rape and failing to prevent a felony

The two however denied all charges of the offence said to have taken place on the night of March 21 at Tana Club along Woodvale Groove in Westlands, Nairobi.

The prosecution made an application to have the Sh100,000 bail granted to the MP cancelled, arguing that he has been intimidating the complainant and other witnesses.

The accused doctor was however granted a cash bail of Sh50,000.

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kenya mp rape case Gideon Mwiti MP rape case Mwiti

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