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MP wants rape case against him quashed

Imenti Central MP Gideon Mwiti has urged the high court to quash the rape case against him for interference with crucial evidence by a senior lawyer.

Mr Mwiti told  Justice Weldon Korir through his lawyer Dr John Khaminwa that one of the complainants lawyers adviced Nairobi Women Hospital medics “to cut into two pieces the clothes the complainant was wearing when she was allegedly raped.”

The medics were asked to keep half of the clothes and give police the other half.

Dr Khaminwa narrated to the judge how lawyer Harun Ndubi went to the hospital and talked to hospital staff after getting a brief to defend the victim from her sister.

“Mr Ndubi says in a statement that he was called to the hospital by the sister to the alleged rape victim on March 25, 2015 then instructed to represent her in the case filed in court,” Dr Khaminwa said.

He said Mr Ndubi, a lawyer of 23 years practice, inquired into the whereabouts of the clothes the victim was wearing.

He was informed that then husband had taken them with him to their residence. The lawyer asked the husbands to return the clothes to the hospital for safe storage.

CRIMINAL CASE

“At the hospital he adviced a medic to cut the clothes into two pieces then release one to the police and retain the other half at the hospital,” Dr Khaminwa said adding “This is gross interference with evidence.”

The judge heard that the powers to investigate the case were usurped by the lawyer who although senior may not be conversant with  investigative details of a criminal case.

“Police powers to investigate were usurped by the lawyer who is not conversant with the nitty gritties of the investigative docket of the police,” Dr Khaminwa stated.

He stated that the Investigating officer declined to take the clothes from the hospital alleging that evidence had been tampered with.

“Although the investigating officer may not be conversant with human rights he acted properly as a law enforcer by rejecting the clothes,” Dr Khaminwa submitted.

He said under Article 50 of the constitution, every suspect is required to be given adequate facilities to prepare his or her defence.

“The magic word is adequate facilities and Mr Mwiti has not prepared his defence because he has not been supplied with all the evidence.”

DENIED CHARGES

Lawyers Ndubi and Muciimi Mbaka are appearing for the rape victim.

Dr Khaminwa, who is defending the MP jointly with lawyer Henry Kurauka, is asking the court to restrain Mr Ndubi from acting for the victim.

The MP is also asking the court to quash the criminal proceedings due to interference with the evidence by the lawyer.

He says the constitutional rights of the MP to fair trial have been compromised.

Mr Mwiti has denied raping the woman and is out on a cash bail of Sh100,000.

Justice Korir fixed the case for further hearing on August 10 when he will rule whether the criminal case pending before the chief magistrates court will be suspended while he prosecutes the application he has lodged in the high court.

The judge directed the Director of Public Prosecutions (DPP), the MP and lawyers for the victim to file written submissions and file them in court to enable him fast track the hearing.