DPP withdraws defilement charges against Mogotio MP Reuben Kiborek
Mogotio MP Reuben Kiborek.
A Nakuru court on Tuesday allowed the Director of Public Prosecutions (DPP) to withdraw a defilement case against Mogotio MP Reuben Kiborek, who was accused of violating a 15-year-old daughter of a Cabinet Secretary five years ago.
Mr Kiborek has been fighting the charges for five years since 2018 when he was working as an aide to the then minister.
He was accused of defiling the girl at a hotel in Nakuru on December 23, 2018, a charge he denied.
In his application, Senior Assistant Director of Public Prosecutions Hassan Abdi sought to withdraw the matter under Section 87 (a) of the Criminal Procedure Code, citing a lack of witnesses.
“The office of the DPP seeks leave of the court to have the matter withdrawn under section 87 (a) of the criminal procedure code as read with section 40 of the sexual offences act number 3 of 2006 due to unavailability of witnesses,” read part of the application allowed by Nakuru Chief Magistrate Bildad Ochieng.
Last month, Mr Kiborek, through his lawyer, Gordon Ogolla, protested the continued delay in the hearing and asked the State to withdraw the matter.
Embarrassing to see a file of 2018
"This matter has been in court since 2018 and there is no single day the prosecution has availed witnesses. It is embarrassing to see a file of 2018 in the cause list so if the prosecution is not ready to proceed they should withdraw the case," said Mr Ogolla.
The lawyer expressed concern after it emerged that the prosecution was not ready to proceed with the case.
State lawyer Oscar Limisi had defended the DPP, saying he had not yet received the police file, which was being held by the Bondeni police station officer in charge.
"I am praying for another date to get the police file from the OCS," Mr Limisi said.
This forced the court to issue a summons for OCS Bondeni to appear in court to shed light on the matter. However, the magistrate granted the prosecution an adjournment at the last hearing.
"I am inclined to grant another adjournment. This should be the last. A summons has been issued for OCS Bondeni to appear in court on November 6," said the magistrate at the time.
However, the DPP applied for withdrawal on the said date.
While the case was pending, Mr Kiborek contested the Mogotio parliamentary seat, which he won in the last elections.
