DPP asks court to throw out MP Mwiti’s petition to stop lawyers from rape case

NAIROBI: Director of Public Prosecutions Keriako Tobiko has asked a court to throw out a case filed by Imenti Central Gideon Mwiti seeking to stop a lawyer from being enjoined in a rape case against him.

Mr Tobiko said the criminal trial against the legislator has been conducted fairly and in an impartial manner and in accordance with the law.

"The Victims Protection Act, 2014 allows for representation and participation by lawyers on behalf of the victim," the DPP through lawyer Evelyn Onunga said in response to Mr Mwiti's suit.

The DPP said the lawyer's participation is only limited to the protection and interest of the victim and does not amount to prosecution.

"Mwiti's rights have been adhered to and his trial is being conducted in a fair public hearing before the magistrate in an impartial manner," the court heard.

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Tobiko maintained that he exercised the powers granted by his office by recommending that Mwiti be charged. He said: "The DPP is guided by article 157 (11) of the Constitution to have regard to the public interest, the administration of justice and the need to prevent and avoid abuse of the legal process."