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Court foils rape case MP’s effort to stop arrest

A court on Friday thwarted efforts by an MP accused of assaulting and raping a woman to stop police from arresting him.

Lady Justice Grace Ngenye Macharia rejected Imenti Central MP Gideon Mwiti application seeking anticipatory bail to bar police from arresting him.

The judge, however, directed that in case police arrest Mr Mwiti, they should not lock him up.

Even though he sought to deposit Sh150,000 if directed by court and pledged to abide by the directions issued to stop his arrest, the judge declined to heed to the request.

The High Court judge ruled that granting the orders would be interfering with the rules of justice and directed that in case Mr Mwiti will be arrested before April 8 when his application will be heard, the police should not detain him.

“Police have a duty to arrest anyone suspected of committing an offence but there is a provision in the law that stops arbitrary arrests. The orders sought are not deserving. It would not be prudent to stop the police from doing their work,” Lady Justice Macharia said.

Through Mr John Khaminwa, the lawmaker filed an application seeking an anticipatory bail to stop his arrest.


He has sued the Gigiri Divisional Criminal Investigations Office and the Inspector-General of Police.

The judge said police would have no justifiable reason to arrest the MP just because the case had received a lot of publicity.

Mr Khaminwa said what was in the public domain about Mr Mwiti’s case were allegations that were yet to be investigated or proved but had been catapulted by lobby groups and the media.

He argued that having the MP arrested would amount to abuse of the criminal process and pleaded with the judge to intervene, even if the sued parties were not in court at the time.

“The urgency of this matter is accentuated by the fact that Mr Mwiti is apprehensive of his imminent arrest and detention by the sued parties, based on unfounded, tailored and cosmetic complaints,” Mr Khaminwa said.

Last Saturday, the MP allegedly physically and sexually assaulted a woman in his office.

Mr Mwiti said he had since been vexed, harassed and ridiculed without the consideration of his dignity or the fact that he is a family man.

He said he had suffered social stigma as a father of five, a lawmaker and a businessman because of the rape allegations.