Imenti Central Member of Parliament Gideon Mwiti at Milimani law courts on Tuesday April 6,2016.
BY SAM ALFAN.
Imenti Central Member of Parliament Gideon Mwiti has been given a second gamble to challenge his prosecution over rape.
Through his lawyer Dr John Khaminwa, the MP asked for time to follow up an appeal against a high court ruling in which a previous attempt to have his prosecution halted was refused.
Dr Khaminwa said that the MP had lodged an appeal seeking to overturn the high court ruling on grounds that he may not get a fair trial.
The complainant’s lawyer Mr Wilfred Nderitu protested saying that the prolonged trial ‘was re-victimising and re-traumatising” the woman in question.
Mr Mwiti is charged with raping and assaulting a married woman in Westlands , Nairobi.
He is charged alongside Dr David Mwangi who is accused of aiding and failing to prevent the commission of the alleged offence .The doctor has denied forcefully performing a HIV test on the victim before the alleged rape. He is also charged with neglect.
“On the night of 21st day of March, 2015, at Tana Club along Woodvale Groove Westlands within Nairobi County, while knowing that Gideon Mwiti was designing to commit a felony namely rape, failed to use all reasonable means to prevent the commission or completion of the said felony,” the charge sheet says.
Dr Khaminwa said the appeal case is pegged on grounds that the evidence against the MP was tampered with at a police station and thus he may not get a fair hearing.
“The garments the complaint was wearing were cut into two halves, one half was handed to the police while the other was retained by the complainant,” he said.
The lawyer told chief magistrate Daniel Ogembo that the police concurred that the exhibit had been tampered with in the course of investigations.
“We shall not be able to cross examine the complainant on the garment,” Dr Khaminwa said. He said the Mp has been denied the chance to cross examine the complainant over the garment.
The Mp is expected to be charged afresh after police amended the charge sheet.
According to our sources the Mp will be charged with attempted rape instead of the earlier charge of rape.
The hearing of the appeal case is set for June 21 and 22.
