Shebesh lawyer Cecil Miller and Prof Tom Ojienda for Kidero having a word after the the high court terminated shebesh and kidero prosecution at Milimani Law Court.
By SAM ALFAN
Nairobi Governor Evans Kidero and Women representative Rachel Shebesh having ended their differences on mutual consent.
High Court Judge, Justice David Majanja terminated the consolidated petitions lodged by the two Nairobi leaders challenging the decision of the Director of Public Prosecutions (DPP) to commence criminal proceedings against them and granted their prayers.
Justice Majanja today admitted the written consent by Kidero and Shebesh to withdraw their complaints from the police and ended the case.
Keriako Tobiko told the court that he is entitled to exercise his authority independently upon consideration of the advice of the Division Criminal Investigation Officer (“DCIO”) who has received the petitioners’ accord.
“I agree with the respondents that the proper order is to mark the matter as withdrawn. The settlement of the parties cannot bind the DPP, an independent office, established under Article 157 of the Constitution unless he consents to the settlement. He is entitled to assert his authority to reconsider his decision in light of the accord between the petitioners and the withdrawn proceedings having regard to public interest and other factors outlined in Article 157(11).” Majanja Said.
Kidero and Shebesh legal tussle followed claims that On September 6, the governor slapped Shebesh during a demonstration she led into his office last year.
Both Hon. Shebesh and Hon. Kidero agreed to renounce and withdraw the complaints they had made against each other.
Court determined that both petitioners have now withdrawn their respective complaints in accordance with their accord.
The judge said the DPP is not party to the consent and thus cannot prevent the two from withdrawing the suit in court and marked the matter as withdrawn.
Counsel Cecil Miller representing Shebesh told court that his client had consented with Kidero in public interest and for the development of Nairobi County.
Prof Tom Ojienda, for Kidero, confirmed to the judge that the dispute between the two leaders was long settled and court should mark the matter as withdrawn. Kidero and Shebesh had filed two separate cases in court.
There lawyers told the press outside Milimani Law Court that, the legal tussle between the two Nairobi City County leaders has ended and now the two leaders will concentrate to serve the people of Nairobi who elected them.