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Former MP loses bid to have rape case stopped

By SAM KIPLAGAT September 8th, 2017 1 min read

The trial of former Imenti Central MP Gideon Mwiti will proceed after he lost an application to stop the rape case.

In a ruling, Chief Magistrate Francis Andayi dismissed the application by the former legislator saying that the prosecution was free to amend the charges at any stage.

The former MP wanted the case terminated, alleging that charge sheet was defective.

Through his lawyer John Khaminwa, Mr Mwiti, who is facing charges of rape, assault and intimidation, argued that the charges, as stated in the charge sheet, are defective.

This is not the first time, the former legislator is trying to stop his prosecution.

He has on several occasions, filed cases before the High Court without success.

EVIDENCE

He has also sought to terminate the charges accusing the prosecution of tampering with the evidence.

The former MP has denied all the charges and is out on Sh100,000 bail.

He is also charged alongside Dr David Muchiri, has denied aiding Mr Mwiti to commit the offence and failure to prevent it.

Several witnesses have testified in the case.

Mr Mwiti, is accused of raping a woman on March 21, 2015 at Tana Club along Woodvale Grove in Westlands, Nairobi.

Dr Muchiri allegedly conducted an involuntary HIV test on the complainant.