A Kenyan court has declined former Imenti Central Member of Parliament Gideon Mwiti’s plea to have his rape case terminated.
On Friday, a Nairobi court declined to approve Mwiti’s application seeking to have the criminal charge on him dropped.
Chief magistrate Francis Andayi in dismissing Mwiti’s application said that the defence team failed to prove that the charge was defective had no merit.
Through his lawyer John Khaminwa, Mwiti attempted to persuade thr court to terminate the case on grounds that the law used to charge Mwiti doesn’t disclose sexual offence.
The trial magistrate, however, dismissed the lawyer’s argument, saying the prosecution can amend the charge sheet at any stage so the case proceeds to the full hearing.
Khaminwa had argued that the court should not waste judicial time with the defective charges.
The prosecution, however, appealed with the court to grant them permission to amend the charge before the next hearing of the case.
Mwiti is facing charges of rape, assault, and intimidation which he has since denied. The former MP is alleged to have raped a woman on March 21, 2015, at Tana Club along Woodvale Grove in Westlands, Nairobi.
He is charged alongside a medical practitioner, David Muchiri, who allegedly carried out a HIV test on the complainant without her consent.
Muchiri is charged with helping and abetting the offence of rape and failing to prevent a felony.
The Sexual Offences Act says that if a person is found guilty of rape charges, he will face imprisonment for a term which shall not be less than 10 years. The case will be mentioned on September 14th.
Amen! I just can’t imagine…
Amen! I just can’t imagine what this lady was put through. These two, Mwiti and that medical practioner, Muchiri, should be given maximum sentences possible…I hope they too get raped in prison..let them be lessons to those men who violate women.
This man should be in kamiti…
This man should be in kamiti years ago. Let’s see what the justice does
Times have changed for the…
Times have changed for the better.But we are still along way to go,judging from comments I see here when a woman chooses to dress a little sexy.And its always the men who have the problem.Of course not all… Therefor this man Mwiti and his co-conspirator should face the harshest punishment the law can dish out,as a
lesson to would be rapists.If I had a say in the punishment, Iwould say castrate the rapist.Remove his gonads and hang them on each ear.
Maraga speed up and put this…
Maraga speed up and put this monster called Mwiti to Kamiti. That is where he belongs.
I stand corrected,but I dont…
I stand corrected,but I dont think supreme court adjudicates rape cases…
The judicial system in Kenya…
The judicial system in Kenya is under Maraga
Thank you Maraga for setting…
Thank you Maraga for setting a new climate in the judiciary where no one is above the law. And you Uhuru, you dare not threaten nor intimidate our New and Working Judiciary again. You are not above the law! As a matter of fact, no one would have known you had Toroitich not picked you from ” who knows where” and groomed you to take over so that you can protect what he stole including your father.
I heard you threatening other institutions: why can’t you learn from the only president to rule Kenya who left the Kenyans free to mind their own business? The only president who matters in the Kenyan presidency is Emilio Mwai Kibaki! The rest are dictators!
Ngai fafa Imara. You are all…
Ngai fafa Imara. You are all over…hope you are not having dementia!
@soldieron:…
@soldieron:
I’m making an effort as an elder to let the young Kenyans understand how Kenya slowly deteriorated to its current sad state of affairs under the myopic leadership of kenyatta, toroitich, and uhuru.
@ Imara,huwezi saidika.Yaani…
@ Imara,huwezi saidika.Yaani story ni ya alleged rapist and you have nothing to say about it? RAO RAO RAO kila saa. Ni Tibiim tutakula leo ama unafikiria utasaidika akirig awe rais? Says a lot about you as an elder.