DCI: Senator Mithika Linturi trying to evade rape charges
By Kamau Muthoni
| September 1st 2021
Meru Senator Mithika Linturi was aware of a rape complaint lodged by a married woman who accused him of slipping into her hotel bed, and had even recorded his version of the story.
A senior officer at the Directorate of Criminal Investigations said the senator’s claim that he came to know about his looming arrest through a letter written to Interior Cabinet Secretary Fred Matiang’i was false, and accused Linturi of trying to pre-empt a decision whether to charge him or not.
In his reply before High Court judge Weldon Korir, Chief Inspector Keith Robert Namukhasi said the DCI had already forwarded the investigations file to the Director of Public Prosecution DPP Noordin Haji and was awaiting either consent to charge the senator, instructions to conduct further investigations, or closure of the file.
“Investigations into the case on attempted rape on January 29, 2021, have been ongoing and the first petitioner (Linturi) was aware of this as he had earlier presented himself to the police to give his version of events,” said Namukhasi.
At the same time, Haji argued that Linturi was illegally asking the court to investigate whether there was enough evidence to prefer charges against him.
According to the DPP, the rape claim had no relationship with 37 other charges that the court had barred the State from charging Linturi with.
He asserts that it was for Linturi to tell the court whether he slipped into a married woman’s bed or not if he is charged.
“It is in the public interest that complaints made to the police are investigated and the perpetrators of the crimes charged and prosecuted within the confines of the law,” replied Haji.
At the same time, the court has ordered the senator to serve the woman with the case papers. Linturi’s lawyer Charles Mwongela argued that only the DPP and the DCI were crucial in the case.
“The petitioners are directed to serve the application upon the complainant in the alleged attempted rape, who is enjoined in this case. Any party opposed to the case to file a response within 10 days; the petitioners shall have seven days to serve submissions,” ruled Justice Korir.
Linturi has sued the State, alleging that the intended charges are linked to politics. He claims that he came to know that he was wanted through a letter by the DCI to Matiang’i.
According to Linturi, the State wielded a wild card on him in order to circumvent orders barring his arraignment, citing another court battle over the directorship and control of Atticon Ltd.
“These newest alleged criminal offences have never been disclosed to either the first petitioner (Linturi) and/ or this court despite the existence of this matter and several appearances by counsel for the respective parties concerned,” he lamented.
The case revolves around an incident that occurred at a resort in Nanyuki. According to documents filed by the senator, it is alleged that on January 29, 2021, a woman and her husband booked a villa, which was opposite Linturi’s room.
The woman said she retired into their room whose door was not locked as she had agreed with her husband, who was still out.
According to the complainant, at about 3am, she heard the door being unlocked and the lights, which were on, switched off.
She told detectives that she assumed the person who entered the room was her husband. “The person started touching her in an unusual manner,” read the DCI statement.
The document filed before the court says the woman told off the person, although he was quiet and both later fell asleep. She assumed it was her husband.
The statement says 30 minutes later, the woman heard a knock at the door, and upon opening it, she found her husband outside.
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