Mwiti had argued that there was immense witness interference in the case in which he is accused of raping a woman in his Westlands office/FILE
Mwiti had argued that there was immense witness interference in the case in which he is accused of raping a woman in his Westlands office.
Justice Weldon Korir ruled that Mwiti’s allegations can only be proved at the trial court.
Mwiti had claimed that the criminal trial against him would not be carried out fairly because the woman was being represented by lawyers under the Victim Protection Act.
He had stated that if allowed to continue the lawyers would take over the role of prosecuting the case instead of leaving it to the prosecution.
He further claimed that evidence was tampered with and he would not receive a fair hearing.
Mwiti had moved to the High Court seeking to stop his prosecution and obtained orders stopping the start of the trial.
Lawyer John Khaminwa who represented the legislator had earlier told court that the politician had complained about negative publicity over the allegations he is facing even before the matter was taken to court, a claim the woman dismissed as baseless.
The woman’s lawyer Harun Ndubi had said that the fact that Mwiti has a co-accused, who was facing allegations relating to aiding him to conduct an HIV test on the woman without her consent, was also an issue of public interest, hence the need for the Victim Protection Act to be enforced in his trial.
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