A police file profiling an Mp on rape charges was not in court causing an adjournment as the outcome of the sensational trial is awaited with baited breath.
Imenti Central MP Gideon Mwiti will also be lodging a third bid to quash the trial, on grounds that “the charges are defective”, having lost at the high court and at the Court of Appeal.
He faces life imprisonment if found guilty at the conclusion of the trial.
When the case came up for hearing Tuesday February 28 2017 at a criminal court in Nairobi, the prosecution said the “police had not brought the case file to court.”
“I do not have the police file…I request for time to find the file, we are ready but the file is not available,” prosecutor Eddie Kadebe who was standing in for a former colleague who has since resigned from the ODPP said.
Investigating officer not in court
He said neither the complainant nor the investigating officer were in court.
The MP is facing charges of rape, assault and intimidation.
He was accused of raping a woman on March 21, at Tana Club along Woodvale Grove in Westlands, Nairobi, but he denies the charges.
The politician is charged alongside a medical practitioner “Dr” David Muchiri, who allegedly conducted an involuntary HIV test on the complainant whose identity cannot be revealed for legal reasons.
Aiding and abetting
Dr Muchiri is charged with aiding and abetting the offence of rape and failing to prevent a felony.
According to the Sexual Offences Act, a person found guilty of rape charges faces imprisonment of a term which shall not be less than 10 years but which can be escalated life imprisonment.
The trial court heard that the Mp was keen on retaining his Parliamentary seat and wants the case to be heard after August 8 2017(read general election).
“We will also be raising a preliminary objection that the charge(s) are defective…”Dr John Khaminwa said.
The prosecutor asked the court to fix the earliest hearing date for the case stating that “this is an offence that has a victim who has not been heard since 2015.”
The preliminary objection will be heard on March 24 2017.