The guard explained that he withdrew the charges in the spirit of reconciliation and will not pursue it any further/FILE
Lawyers Cecil Miller acting for Shebesh, Tom Ojienda for Kidero and Evans Ondieki for interested party Alex Ochako forwarded the agreement to the DPP for his consideration and the matter is set to be heard on February 21.
Last week, Shebesh said that she had unconditionally forgiven Kidero, following an alteration at City Hall last September.
She pointed out that she had taken the decision as a show of leadership.
In response to the development, Kidero said: “My sister Rachel, I want to thank you very much for your forgiveness. May God bless you as we settle this issue.”
He added that he would work closely with her “in achieving the mandates for which we were elected.”
Shebesh was due to be charged with creating a disturbance while Kidero was to face assault charges.
In the meantime, a guard who had accused Shebesh of assaulting him withdrew the charges formally after consent with Shebesh.
“We have been instructed by our client to forthwith unconditionally and irrevocably withdraw the complaint herein and stop further actions/deliberation and/or investigations by your good offices being an action in personam,” Kazungu Changawa stated through the law firm of Sagana Biriq and Company Advocates.
The guard explained that he withdrew the charges in the spirit of reconciliation and will not pursue it any further.
“We attach herein an affidavit confirming the aforesaid and further affirming that he has decided to have the matter closed without any further action against the said Hon Rachael Shebesh whom he had lodged the complaint against in the spirit of reconciliation,” he said in an affidavit. “By a copy hereof we are advising all the relevant offices that were partaking investigations to forthwith stop the same and have the matter marked as withdrawn and closed.”
He indicated that he wanted to conclude the matter once and for all time without it being brought up again.
“The withdrawal of the complaint herein and the advice to stop any further actions and/or investigations is informed by my personal wish to forgive and have the matter closed and is not informed by any influence, duress or undue pressure and I further aver that I do not intend to maintain this complaint having withdrawn the same and I have taken independent legal advice and affirm that once withdrawn it shall not be subjected to any further dealings neither can the file be opened,” he stated in the affidavit.
“I make this affidavit to confirm that I have forgiven the Hon Rachael Shebesh, withdrawn the complaint and instructed Messrs Sagana, Biriq & Co Advocates to withdraw and stop any further action they were pursuing on my behalf against the said Hon Shebesh,” he stated.
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