Imenti Central Member of Parliament Gideon Mwiti with his lawyer Dr John Khamniwa leaving Milimani law courts.
BY SAM ALFAN.
Director of Public Prosecution Keriako Tobiko wants rape case brought against Imenti Central MP Gideon Mwiti to precede full trial and determination is made by the court.
DPP says his office received investigative report from Inspector General of Police Service which was independently reviewed and analyzed thereafter a determination was that there was sufficient evidence to prosecute Mwiti, with offence of rape and intimidation.
“The ongoing criminal proceedings against the petitioner should proceed to their logical conclusion since the conduct of DPP is line within his constitutional mandate” the court heard.
Mr Ashimosi Shitabasi appearing for the DPP told Justice Weldon Korir, that the Mp has been charged before competent court and will have an opportunity to defend himself after evidence has been adduced by the prosecution witnesses.
He said the DPP is empowered by the constitution to direct the inspector general of the national police service to investigate any information or allegation of criminal conduct.
The court heard that the criminal charge against the accused has been conducted fairly contrary to the allegations contained in the petition before the court.
Mr Ashimosi said that the trial before the magistrate’s court has not began, for the petitioner raise suspicion over the manner which case will be conducted
He said that the accused is trying to transfer’s defence from the trial magistrate’s court to high court.
Th judge will deliver judgment on Mwiti’s application seeking to quash the criminal trial on December 3.
Some two weeks ago judge declined to be drawn into a circus involving the MP over a medical report which was published in the media.
The information touched on a complainant alleged to have been raped by the legislator.
Justice Korir, said that the media should ensure that ethical standards are maintained while publishing such stories.
The decision by the judge arose from an application seeking a clarification how a medical report in the case found itself to the media and was widely published before being tabled in court.
The said report, according to lawyer Wilfred Nderitu who represents the victim in the rape case against the MP said it created an impression that the author had accessed the medical records of the victim.
Mr Nderitu told the court upon reading the news item he raised concern seeking an explanation over how the confidential report was accessed and published beforehand.
“The article attempts to determine the criminal case outside the four corners of the judicial proceedings,” he said.
He also alleged that the article may have been written at the behest of “a person interested in the outcome of the case.”
Dr John Khamniwa who represents the MP opposed Mr Nderitus application saying that the constitution guarantees media freedom and dragging the court into press matters “amounts to engaging in extraneous exercise.”
Mr Mwiti’s rape trial was halted due to a petition he lodged in the high court challenging the indictment
Justice Korir stated that the courts cannot be swayed by reports appearing in the media saying the ruling and judgments depend on evidence placed before the courts.
He said being dragged into determining the authenticity and the veracity of the report would mean “holding lengthy proceedings in an attempt to establish sources of information and correctness of the same.”
“In order not to prejudice the party’s rights to take up this matter before the right forum for determination, i will withhold my opinion on the said article” the judge sated.
He said the parties i n the case should rest assured that the decision of the court will not be influenced by anything happening outside the litigation arena.
“For now it is important for this court to focus its attention on the judicial review application
