, NAIROBI, Kenya, Jan 2 – A petition seeking to block assault charges against Nairobi Governor Evans Kidero has been filed at the High Court.
The petition by a voter which was filed under a certificate of urgency is set to be heard on Friday morning and has named the Attorney General and the Director of Public Prosecutions as the first and second respondents respectively.
Kidero is due to face charges of assaulting Nairobi Women County Representative Rachel Shebesh, while she is supposed to be charged with creating a disturbance.
Through his lawyer Evans Ondieki, the petitioner Alex Ochako, argues that the intended prosecution is in bad faith, discriminatory and only meant to humiliate and potentially harass the Governor
“The purpose of this petition is to stop the Director of Public Prosecutions from harassing the Nairobi County Governor from executing his due constitutional responsibilities. We believe in due process and the rule of law and that is why we have come to court because we believe our Judiciary will make the right decision,” he argued.
Ochako further pointed out that should the charges be pursued, the Governor will not be able to be effective as he would not move freely or freely associate with his voters.
“I have not seen any wrong done since there is no complainant in this case. Both parties have agreed to solve the case out of court. If there was one complainant taking the other to court, then that would be a different issue. But because there is none, I decided to take the initiative and bring this matter to court so that it may not be blown out of proportion,” he stated.
“The work of the Governor will be paralysed as he cannot govern effectively. He cannot freely associate with his voters and articulate policies, strategies and ideas that affect his voters and residents,” he explained.
He also stated that he and his fellow constituents will be denied the rights to access their Governor, engage in development initiatives and associate freely with him due to the stress occasioned by the intended prosecution.
“The decision to prosecute the Governor of the Nairobi City County has been underpinned by maladies and double standards as it violates Article 27 of the Constitution which outlaws discrimination on any grounds of social status,” he said.
“The rights that have been violated include the right to equality and freedom from discrimination, the right to human dignity, the right to security, the right of privacy and the right to the freedom of expression.”
The DPP on Thursday directed detectives at the Criminal Investigations Department to charge Kidero for assaulting Shebesh at City hall last year in September.
He has also directed the police to charge the City Women Representative with creating a disturbance, following the confrontation that occurred outside the Governor’s office.
An official at the DPP’s office told Capital FM News that evidence collected by the police was sufficient to sustain both charges in court, but he did not say when the two will be charged.
Shebesh had accused Kidero of assaulting her in an incident that was captured on camera as she led protesters to his office in September.
Kidero too recorded a statement at the Central Police station, accusing Shebesh of assaulting him.