Crucial evidence that was to be used by the State against Meru Senator Mithika Linturi in an attempted rape case is missing.
Keith Robert, the lead investigator of the case, told the court that the evidence was deleted.
He said the Directorate of Criminal Investigations (DCI) is probing circumstances under which the evidence was erased.
The officer claims that the Senator might have a hand in the deletion of indecent photos and videos that formed part of the evidence in the case.
“We are conducting further investigations into an offence of destroying evidence in respect to the photographs and videos alluded to in the players which I have reasons to believe the accused person herein played a role in their deletion,” claimed Keith.
At the same time, the officer claims that DCI is trying to re-configure the mobile phones in a bid to retrieve the evidence.
The officer was replying to the politician’s application seeking to end the case for lack of evidence.
According to Linturi, the police have failed to give him the evidence and documents they want to rely on in the case.
The senator was charged before Nairobi Senior Principal Magistrate Martha Nanzushi. He denied the charges which also include committing an indecent act with an adult.
In the case before the magistrate's court, the State accused Linturi of intentionally touching the complainant indecently without her consent.
The charges also read on January 30, last year, he attempted to enter into a sexual relationship without the lady's consent.
Linturi denied the allegations, reported to have occurred at Maiyan Villas Hotel, Nanyuki, Laikipia County.
His lawyer Muthomi Thiankolu pleaded with the court to hand him a lenient bail term. According to the lawyer. Linturi is a lawmaker who is not a flight risk.
The state did not oppose his release on bail.
In the High Court, DCI told Justice Weldon Korir they were aware of a rape complaint lodged by a married woman who accused Linturi of slipping into her hotel bed it night.
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 asserted that it was for Linturi to tell the court whether he slipped into a married woman’s bed or not if he is charged.
Linturi 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 Interior CS Fred Matiang’i.
According to Linturi, the State wielded a wild card on him 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 3 am, 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.
In the magistrate's Linturi was released on a Sh 500,000 bond or a Sh 200,000 cash bail.