Former MP Loses Bid to Have Rape Case against Him Terminated

A Kenyan court has declined former Imenti Central Member of Parliament Gideon Mwiti's plea to have his rape case terminated.

On Friday, a Nairobi court declined to approve Mwiti's application seeking to have the criminal charge on him dropped.

Chief magistrate Francis Andayi in dismissing Mwiti's application said that the defence team failed to prove that the charge was defective had no merit.

Through his lawyer John Khaminwa, Mwiti attempted to persuade thr court to terminate the case on grounds that the law used to charge Mwiti doesn't disclose sexual offence.

The trial magistrate, however, dismissed the lawyer's argument, saying the prosecution can amend the charge sheet at any stage so the case proceeds to the full hearing.

Khaminwa had argued that the court should not waste judicial time with the defective charges.

The prosecution, however, appealed with the court to grant them permission to amend the charge before the next hearing of the case.

Mwiti is facing charges of rape, assault, and intimidation which he has since denied. The former MP is alleged to have raped a woman on March 21, 2015, at Tana Club along Woodvale Grove in Westlands, Nairobi.

He is charged alongside a medical practitioner, David Muchiri, who allegedly carried out a HIV test on the complainant without her consent.

Muchiri is charged with helping and abetting the offence of rape and failing to prevent a felony.

The Sexual Offences Act says that if a person is found guilty of rape charges, he will face imprisonment for a term which shall not be less than 10 years. The case will be mentioned on September 14th.