Court suspends Mwiti’s rape trial over leaked medical report
Imenti Central MP Gideon Mwiti Monday obtained a reprieve after the High Court in Nairobi temporarily halted his trial over rape allegations.
Justice Weldon Korir granted him a reprieve after lawyers representing the victim and complainant in the rape case at the magistrate court protested against the release of confidential information of a medical report through a local newspaper.
Whilst the MP’s lawyer John Khaminwa defended the published report, Justice Korir said the cas,e in which the MP is seeking to permanently stop his trial over the rape allegations, had weighty issues which might require to be determined by a bench.
The judge pointed out that the role of the victim and the complainant in a trial needed to be established among other issues in determining Mr Mwiti’s suit at the High Court.
The MP’s trial was set for August 19.
“In the matter brought before this court today, I would like to think a bench is suitable to determine the role of victim and complainant, it’s a key new issue even though there are other issues raised. I will make my ruling on September 18 but in the meantime the trial is suspended,” Justice Korir said.
The judge also said he would decide on whether to send the file of the case to Chief Justice Willy Mutunga to constitute a bench to hear and determine the case on the day he will issue his ruling over protests from the victims’ lawyers Wilfred Nderitu, Harun Ndubi, Muciimi Mbaka and Teresiah Omondi.
The vuctim’s lawyer Nderitu had told court that the release of the confidential information contained in the medical report had tampered with evidence yet to be tendered in court.
Mr Nderitu questioned the similarity of information on the published report and the case documents filed by Mr Mwiti, while seeking the media house involved be summoned to court to explain the source of the information.
But Mr Khaminwa said that it would be unconstitutional to issue such a summon because the report favoured Mr Mwiti yet earlier published stories about the rape allegations were in support of the victim and complainant.
While Mr Nderitu said that they had written a protest letter over the evidence tampering allegation, Mr Khaminwa insisted that the complaint and the medical report had not been included among case documents.
Mr Mwiti first moved to court and managed to bar the police from locking him up if arrested over the said allegations.
And when he was arraigned in court before Resident Magistrate Edda Agade, he was released on a Sh 100,000 cash bail after denying raping, intimidating and assaulting a married woman on March 21, charges which relate to the Sexual offenses Act.
He then sued the DPP, the Inspector General, a Milimani Chief Magistrate, the three lawyers and the Attorney General while the Victims Protection Board is listed as an interested party.
He claims the Sexual offences Act is unconstitutional because it limits the judiciary while sentencing and wants it declared illegal.