What you need to know:
- The MP was charged on December 27, 2018, with the defilement of the 16-year-old daughter of a senior government official at a hotel in Nakuru town.
- But since his arraignment, the case hearing has been occasioned by delays occasioned by back-and-forth accusations between the defense and the prosecution.
- And now, the court has summoned the Bondeni Officer Commanding Station (OCS) to appear before it to shed more light on the matter.
Five years after his dramatic arrest and arraignment in court, the defilement case against Mogotio MP Reuben Kiborek is yet to commence.
The MP was charged on December 27, 2018, with the defilement of the 16-year-old daughter of a senior government official at a hotel in Nakuru town.
He denied the charge and was released on Sh300,000 bond.
But since his arraignment, the case hearing has been occasioned by delays occasioned by back-and-forth accusations between the defense and the prosecution.
And now, the court has summoned the Bondeni Officer Commanding Station (OCS) to appear before it to shed more light on the matter.
Mr Kiborek, who successfully vied for the Mogotio parliamentary seat in the 2022 polls is on the other hand accusing the prosecution of dragging its feet in the case.
Through his lawyer Gordon Ogolla, he questioned the state's seriousness in prosecuting the case after failing to avail a single witness.
Appearing before court on October 9, 2023, the lawyer wondered why a five-year-old case is still on the cause list. He termed the delays 'embarrassing'.
Mr Ogolla complained that the continued delay caused prejudice to his client and called out on the prosecution to withdraw the case.
"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 raised the concerns after it emerged that the prosecution was not ready to proceed with the trial on October 9, 2023.
Bondeni Police Station
State counsel Oscar Limisi told the court that he was yet to receive the police file which is being kept by the Officer Commanding Bondeni Police Station.
"I am praying for another date to be able to get the police file from the OCS ," said Mr Limisi.
Nakuru Chief Magistrate Bildad Ochieng issued orders requiring the OCS to appear before the court on November 6, 2023, to explain why he has not been making the file available.
The magistrate, however, granted the prosecution a last adjournment.
"I am inclined to allow another adjournment and this should be the last one. Summons have been issued against the OCS Bondeni to appear before court on November 6," he said.
The arrest and arraignment of Mr Kiborek on December 26 and 27, 2018 was shrouded with controversy as both the complainant and the victim’s family tried to hide the information from the public.
Kept journalists waiting
On December 26, 2018, a daylong meeting that appeared like a court session was held inside the Nakuru East sub-county Police commander's office, keeping journalists waiting for the suspect in vain.
The following day, the suspect was arraigned before court amidst commotion from his tens of his supporters that resulted in the assault of two journalists and damaging of their equipment.