MP on rape charge says lawyers biased
What you need to know:
- Mr Harun Ndubi was representing the complainant but has since pulled out of the case.
Imenti Central MP Gideon Mwiti, who is charged with rape, wants two lawyers barred from the case because they “have tampered with evidence.
Mr Mwiti lodged the petition at the High Court in Nairobi Monday. Through his lawyer, John Khaminwa, the lawmaker said if the lawyers were allowed to join the Director of Public Prosecutions as co-prosecutors, his rights to a free and fair trial would be prejudiced since they were also listed as witnesses.
Mr Harun Ndubi was representing the complainant but has since pulled out of the case.
He was replaced by Ms Teresia Omondi. The other lawyer is Mr Muciimi Wibaka.
“They are advocates of the High Court and have instructions from the complainant to join in prosecutorial capacities against the applicant,” Dr Khaminwa said.
“The party mandated under the Constitution to prosecute on behalf of the state is the DPP, who has the power to delegate and also has duties to be in full control of prosecutions.”
He said the complainant could only send a lawyer to watch brief and not act as a prosecutor.
Mr Mwiti said there can be only one prosecutor from the DPP’s office.
PROVISION IN LAW
“There is no provision in law that allows the respondents, being advocates acting for the complainant, to take the active role in the prosecution,” he said.
The MP said he was likely to suffer prejudice if the two were allowed to continue acting as prosecutors in the case that is being handled by the chief magistrate.
Dr Khaminwa said the Imenti Central MP wanted conservatory orders granted against Mr Wibaka and Ms Omondi from taking a direct role in the prosecution of the case which will be heard on May 22.
Mr Mwiti has denied the charges of rape and intimidation of the complainant.
The prosecution says on March 21 at Tana club in Westlands, the MP had carnal knowledge of a married woman against her will and then intimidated her.
He is charged alongside Mr David Mwangi, who is said to have been an accessory to the offence.
Yesterday, Justice Weldon Korir certified Mr Mwiti’s petition as urgent and directed the party to serve the DPP and the two lawyers for a response before it is heard on May 5.
He is also challenging the constitutionality of the Sexual Offences Act to the effect that a sentence for a conviction is determined as a minimum period which he says is in contravention of separation of powers for the Legislature has encroached on the powers of the judiciary.
