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Ex-MP Gideon Mwiti wants rape case heard in open court

Former Imenti Central Member of Parliament Gideon Mwiti now wants a rape case against him, which has been ongoing for six years, to be heard in open court.

When the case came up for hearing virtually before Milimani chief magistrate Francis Andayi, Mwiti informed the court he prefers physical hearing instead of the virtual system.

“Your honour due to the seriousness of the case against Mwiti, we prefer physical hearing in open court,” said the former MP through his lawyer John Khaminwa.

State prosecutor Angela Fuchaka did not oppose the application but said they will first consider the Covid-19 pandemic situation before fixing the hearing the case in open court.

The magistrate directed that the case to be mentioned on June 16 for the purpose of fixing the hearing date.

Mwiti has denied three counts of rape, intimidation and assault against a woman in Nairobi.

The politician is charged alongside a medical practitioner, David Muchiri, who allegedly conducted an involuntary HIV test on the complainant.

Muchiri is facing two counts of aiding and abetting together with neglect to prevent a felony on March 21, 2015 contrary to the law.

The prosecution claims that on March 21, 2015, at Tana club along Woodvale Groove in Westlands, Nairobi County, Mwiti intentionally and unlawfully without consent raped a woman.

In the second count, he is accused of committing an indecent act and injuring a woman on March 1, 2015.

In September 2017, the former MP lost a bid to have his rape case terminated by the high court claiming he was not given all the exhibits and that the charges were defective.

The court dismissed the application seeking to have the criminal charge dropped and upheld the charges as drawn by the prosecution.

The court ruled that the charges were not defective and his application lacked merit.

Mwiti, through his lawyer Dr Khaminwa, had urged the court to drop the case on grounds that the law used in the charge sheet in his case did not disclose a sexual offence.

But the trial magistrate overruled the lawyer saying the prosecution can amend the charge sheet at any stage so the case proceeds to the end.

Khaminwa had asked the court not to waste judicial time with the defective charges.