Rape case MP’s bond upheld
A Nairobi court on Wednesday declined to cancel a Sh100,000 bond granted to Imenti Central MP Gideon Mwiti after he was charged afresh.
Chief Magistrate Lucy Mbugua declared free the man who was on the verge of being dragged to the cells had the bond been set aside.
She said there was nothing on record to show Mr Mwiti interfered with evidence or intimidated witnesses after he was first arraigned on April 2.
INTERFERING WITH EVIDENCE
“Prosecution said that at the time he was first charged, there was a report about interfering with evidence, but no application had been formally made then. I find that there is no information regarding any attempts after that date,” she ruled.
The magistrate, however, warned that should the MP fail to appear in court every two weeks as from April 21, the bond terms would be set aside.
“The accused has won, he is a free man now, but of course if he fails to appear in court as I have ordered, the first thing this court will do is to cancel the bond,” said Ms Mbugua.
She also issued an order stopping the MP, his family or agents from contacting the victim or her relatives in any manner.
The magistrate dismissed arguments by Mr Mwiti’s lawyers John Khaminwa and Henry Kurauka that the information was dishonest.
“The applicant is dishonest, the office of the Director of Public Prosecutions is independent. There has been no direct testimony,” Dr Khaminwa had told court earlier.
The magistrate also ruled that the Affirmation Act allows the victims to be present during hearing of the case while defending the affidavits that had been presented.
While refusing to cancel the Sh100,000 bond granted by Resident Magistrate Edda Agade, Ms Mbugua ruled that interfering with evidence and intimidation were valid grounds for bond terms to be denied, but she could not cancel what had already been set.
In the morning, Mr Mwiti and his co-accused, Dr David Muchiri, were freshly read their charges after an amendment on the charge sheet to omit the victim’s full names.
Mr Mwiti denied the charges of rape, intimidation and assault, while Dr Muchiri pleaded not guilty to aiding the MP to commit the offence of rape while neglecting to use all reasonable means to prevent a felony.
The trial will be on May 22.