DPP can charge Kidero, Shebesh after talks fail

January 13, 2014 9:17 am
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Shebesh through her lawyer Cecil Miller who has now been enjoined in the case indicated that she had tried to communicate with the Governor with little success/FILE
Shebesh through her lawyer Cecil Miller who has now been enjoined in the case indicated that she had tried to communicate with the Governor with little success/FILE
NAIROBI, Kenya, Jan 13 – The High Court says that the Director of Public Prosecutions is now free to charge Nairobi Governor Evans Kidero for assaulting Women’s Representative Rachael Shebesh at City Hall in September last year after the period they were given for negotiation and reconciliation lapsed.

Justice Isaac Lenaola declined to extend a stay order which also gives the go ahead for Shebesh to be charged with creating a disturbance, following the confrontation that occurred outside the Governor’s office.

While giving the directions on Monday, Lenaola emphasised the need for both parties to take the matter seriously.

“From the information coming from all the parties, it seems that this matter is not being taken as seriously as it should. For that matter, I see no reason to extend the order of stay. The case by the petitioner (seeking to stop the charges against Kidero) will however now be heard on the 28th of this month,” he stated.

The two had been given seven days to enter into dialogue and reconciliation over the September assault saga, or face charges.

Shebesh through her lawyer Cecil Miller who has now been enjoined in the case indicated that she had tried to communicate with the Governor with little success and was now ready to be charged to ensure a speedy conclusion of the matter.

“I know of my own knowledge that my advocates on record did contact the Governor to set up a meeting where both parties could thrash out details of a possible settlement. That in spite of the challenges and lack of commitment from the Governor’s side towards the setting of a meeting, my lawyers on record held discussions on proposed settlement terms with his lawyers, Messrs Prof Tom Ojienda & Associates on 9th January 2014,” she outlined in an affidavit presented by Miller.

In the affidavit, she indicated that after the initial contact, follow-up phone calls made to Kidero’s office went unanswered and there wasn’t response to a letter she had sent on Friday last week.

“My lawyers proceeded to make follow-up phone calls to Governor Kidero’s lawyers on the progress made on the proposals on settlement but the said phone calls went unanswered,” she said.

Kidero’s lawyer, Tom Ojienda on the other hand after also being enjoined to the case asked the court to extend the period for negotiations saying that they were not given enough time to respond to the letter by Shebesh.

“We were given the letter that my learned friend is referring to last Friday and as such, we have not been able to look through it and I would like to request the court to give us time to go through it,” he stated.

Ojienda also argued that the statement by Shebesh that she was ready to be charged was made in bad faith stating that it went contrary to the spirit of reconciliation.

“The statement that Shebesh has made goes against the spirit of reconciliation. We are trying to resolve this issue amicably but what she is saying may slow down the process,” he said.

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