, NAIROBI, Kenya, Jan 3 – The High Court has ordered Nairobi Governor Evans Kidero and Women Representative Rachel Shebesh to enter into dialogue and reconciliation within seven days over a September assault saga, or face charges.
Justice Isaac Lenaola issued the order on Friday after a petitioner moved to court to block the governor’s intended prosecution by the Director of Public Prosecutions (DPP) Keriako Tobiko.
“My ruling is not based on Kidero’s position or social status. If it were any other citizen, I would rule the same way. Let Evans Kidero and Rachael Shebesh enter into dialogue within seven days and try to resolve their differences amicably,” the judge ruled.
He pointed out that if the two fail to reach an amicable solution, the Director of CID should arraign them in court to face charges.
“If dialogue does not resolve the issue, then both of them should be brought before court and charged,” he said.
The Petitioner Alex Ochako welcomed the ruling saying that it would enable Governor Kidero to proceed with his duties uninhibited by the charges brought up against him.
“I am very grateful because the court has given us a very fair hearing. It has also restored my faith in the Judiciary. The only thing remaining now is for the two to dialogue so that the issue can be done away with,” he stated.
His lawyer Evans Ondieki concurred and indicated that the ruling showed that Kenyans should have confidence in the Judiciary.
“The court has granted us conservative orders and it has restrained the DPP from instituting, arresting or prosecuting the Nairobi City County Governor or the Women Representative until the 13th of January. That is great news and shows the confidence we have in our Judiciary and also the confidence we have in due process,” he said.
Ochako had argued that the planned prosecution was in bad faith, discriminatory and only meant to humiliate and potentially harass the Governor.
He pointed out that should the charges be pursued, the Governor would not be able to be effective as he would not move or freely associate with his constituents.
The DPP had directed detectives at the Criminal Investigations Department to charge Kidero for assaulting Shebesh at City hall in September last year.
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.
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.