Rape case against MP Gideon Mwiti to proceed, rules court

Imenti Central MP Gideon Mwiti will face trial for alleged rape.

Thursday, the High Court declined to stop his prosecution over claims of raping a woman earlier this year.

High Court judge Weldon Korir ruled that the right forum for Mwiti to have his allegations heard is the trial court handling the matter.

"In my view all the grounds raised by the petitioner can only be determined by the trial court where he will have an opportunity to defend himself. I cannot see any merit in the petition and as such none of the prayers sought can be granted," Justice Korir said.

Korir dismissed Mwiti's assertions that the victim's clothes had been tampered with during investigations, saying the prosecution had indicated it had more evidence.

The MP had moved to the High Court on April 27 claiming that the victim's lawyers were acting as co-prosecutors contrary to the law.

Mwiti wanted the court to issue temporary orders barring the lawyers, Muciimi Waibaka and Teresia Omondi, from tabling evidence or submitting as co-prosecutors in the case.

The MP also wanted the case stopped pending the hearing and determination of the application before the High Court.

"At this point this court is not concerned on the sufficiency of the evidence to be used against the petitioner and he should therefore stand trial," Korir ruled.

The judge disagreed with the allegations of Mwiti's lawyer, John Khaminwa, that the victim's lawyers were not supposed to have participated in the investigations and the court proceedings when he took plea.

Korir said the Victims Protection Act was clear that a victim of a crime of that nature can swear an affidavit that can be used in court during trial.

"The decision by the Director of Public Prosecutions (DPP) to institute criminal charges against an accused persons is discretionary and cannot be directed or controlled by any person. There is no doubt the office of the DPP is within the set limits," he ruled.

Mwiti, who has denied all the charges, is out on a Sh100,000 bail.

The MP's co-accused, Dr David Muchiri, has also denied aiding Mwiti to commit the offence and failure to prevent it.