Imenti Central MP Gideon Mwiti to face rape charges

Imenti Central MP Gideon Mwiti

Imenti Central MP Gideon Mwiti will face rape charges after an appeal to stop the prosecution was dismissed.

A three-judge Court of Appeal bench dismissed Mr Mwiti's appeal. The appellate court agreed with the High Court, saying it had not found any merit to warrant the dismissal of his prosecution.

Judges Alnashir Visram, Festus Azangalala and Fatuma Sichale ruled there were no constitutional violations in prosecuting the MP as claimed by his lawyer, John Khaminwa.

"We are conscious that our jurisdiction to issue the temporary orders sought by the appellant on grounds of violation of his bill of rights does not have a legal basis. Having expressed ourselves on the issue, we find that the application before us lacks merit and is hereby dismissed with costs," ruled the judges.

The judges consequently upheld the judgement of High Court judge Weldon Korir who on December 3, 2015, disallowed the MP's request seeking to quash the criminal case.

The rape victim's lawyer, Wilfred Nderitu, told the three judges that Mwiti's application was filed in bad faith since his petition had been dismissed by the High Court.

He said the MP had waited for four weeks before lodging his appeal on January 18, 2016 with the aim of delaying the hearing of the criminal case, which had been scheduled for April 5, 2016.

"The delay in filing the application for temporary orders was a calculated move on the applicant's part, aimed at hindering the hearing of the criminal case. The application was made in bad faith with the intention to prejudice, embarrass and delay a fair trial of the criminal case," he submitted.

He told the appellate judges that the delay in the start of the trial had not only adversely affected the physical and psychological well-being of the victim but also caused her to be continuously victimised.

Mwiti was charged with three counts before Nairobi Chief Magistrate Daniel Ogembo, after the Prosecution accused him of raping, intimidating and assaulting a woman in Westlands, Nairobi.

The MP has, however, denied all the three counts relating to the Sexual Offences Act.