HEARING OF IMENTI CENTRAL MP CASE TO TAKE LONGER.

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GIDEON MWITI CASE (1)
Imenti central M.P Gideon Mwiti with his lawyer James Mwangi Nyengo leaves Milimani law courts after appearing a magistrate for his trial which did not kick-off on Wednesday 19 August, 2015.
BY SAM ALFAN.
The trial of Imenti South MP Gideon Mwiti will take longer before commencing hearing, following suspension of the case by the high court.
Mwiti’s case came for mention before the trial court on Wednesday and the court was informed that there is stay of the proceedings until determination of a petition lodged in the high court.
Justice Weldon Korir had suspended the rape trial case, saying the petition before the court has to be heard first before proceedings in the lower court can commence hearing
The judge said that the file will be placed before the CJ to appoint a bench to determine issues raised by Mwiti which touch on the rape case.
He directed that the case be mentioned on September 18 for parties frame issues to be determined by the bench.
High court last week suspended criminal case against Imenti Central MP Gideon Mwiti pending application seeking to stop Director of Public Prosecution from proceeding with the rape case before the trial court.
This is after Mwiti’s lawyer John Khaminwa sought temporary suspension of the case in the lower court pending hearing and determination of his application before the High court.
Justice Weldon Korir issued temporary orders since the application is coming for hearing on October 12.
The judge said that the file will be placed before the CJ to appoint a bench to determine issues raised by Mwiti which touch on the rape case.
He directed that the case be mentioned on September 18 for parties’ forward issues to be determined by the bench.
The case had came mention to confirm whether all parties have complied with last directions requiring them to file written submissions and exchange them.
During the proceedings, lawyer Wilfred Nderitu who representing parties he told the court to issue summons against Standard Media group editor saying that, the paper had published medical report indicating that the no evidence was found in the rape case.
He said that he had written to the standard newspaper asking them to explain how they came to conclusion that there was no evidence in the case.
By the Monday morning, there was no response from newspaper.
He asked the court to summon the editor to appear in court and explain to issue pertaining to the report they published.
However Dr Khaminwa responded strongly defending the standard newspaper saying the media has constitutional to access the information.
“This is not the old dark days where media was being blocked from accessing the information” said Khaminwa.
He asked the judge to ignore that and concentrate on the main case.The newspaper published that, the case in which Imenti Central MP Gideon Mwiti is accused of raping a woman has taken a new twist after two independent medical reports indicated there was no evidence of sexual contact between him and the accuser.
The newspaper further said, both the DNA report from the Government Chemist and a separate report from the Nairobi Women’s Hospital, where the woman alleged to have been raped by the MP was hospitalized for treatment, have indicated there was no evidence of sexual intercourse from tests conducted. The two reports are already before courts, having been served to both the prosecution and the defence in the trial of Mwiti (pictured), who is facing rape charges before a Nairobi court. The MP was charged that on March 21, 2015 at Tana club in Westlands, he raped a married woman and intimidated her. An analysis from samples to determine the presence of semen, spermatozoa, blood, hair or fibre produced negative results in all the 18 items taken for check by the CID at the Government Chemist. A report from the Nairobi Women’s Hospital on the tests on urine and the High Vaginal Swabs Microscopy, prepared by Laboratory Technologist Benson Mwangi, indicated there was no evidence of spermatozoa from the blood and urine samples from the complainant.
Justice Weldon Korir issued temporary orders since the application is coming for hearing on October 12.

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