Three Appeal Judges dismissed his application, saying that the High Court which heard the constitutional case had found no merit in the application for stay of prosecution/FILE
NAIROBI, Kenya, Jun 8 – Imenti South Member of Parliament Gideon Mwiti has lost an appeal seeking to stop his prosecution in a rape case.
Three Appeal Judges dismissed his application, saying that the High Court which heard the constitutional case had found no merit in the application for stay of prosecution.
Justices Alnashir Visram, Festus Azangalala and Fatuma Sichale disallowed the appeal saying it did not raise any legal violation.
The appellate judges consequently upheld the judgment of Justice Weldon Korir dated December 3, 2015 in which the judge disallowed the MP’s application seeking to quash the criminal case.
Mwiti was accused of raping, intimidating and assaulting a woman in Westland area within Nairobi Country.
“If the order sought is granted it will have the indirect effect of reviving the dismissed application. This court cannot undo at this stage what the superior court has done, they said,” the Appeals Court judges ruled.
Before the trial commenced, Mwiti filed a judicial review application in the High Court, claiming that three lawyers appointed by the alleged victim had usurped the powers of the Director of Public Prosecution and the Inspector General of Police, by taking over the prosecution and investigations respectively.
He claimed that he would not be given an opportunity to cross examine the complainant in view of the appointment of the lawyers.
The DPP through Fredrick Ashimosi told the Court of Appeal that the application for stay proceedings before the Chief Magistrate’s court was meant to delay the hearing and determination of the criminal case.
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