Gideon Mwiti warned against intimidation

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Dr David Mwangi and Imenti Central MP Gideon Mwiti at Milimani Law Courts Wednesday. PHOTO: GEORGE NJUNGE/STANDARD

Dr David Mwangi and Imenti Central MP Gideon Mwiti at Milimani Law Courts Wednesday. PHOTO: GEORGE NJUNGE/STANDARD

Milimani Senior Principal Magistrate Lucy Mbugua told Mr Mwiti that the court will not hesitate to cancel his bond if it gets wind that he, his proxies, family members, and agents are threatening the victim or prosecution witnesses.

?It is therefore upon the accused to abide by the conditions imposed by the court,? Ms Mbugua said in her brief ruling.

The court ordered Mwiti to be reporting to the trial court every fortnight to show he has complied with the court order. She directed the matter to be mentioned on April 21 for further directions.

The magistrate also directed that the victim?s lawyers have a right of audience in view of the Victims Protection Act, contrary to the assertion by the defence that the case should be handled by the prosecution alone.

Mwiti was Wednesday charged afresh alongside the doctor who allegedly examined the 29-year-old journalist to establish her HIV status before she was allegedly raped by the legislator.

David Mwangi, however, denied aiding the MP in committing the said act on the night of March 21, at Tana Club along Woodvale Grove in Westlands.

He also denied knowing that Mwiti was planning to commit a felony and that he failed to use all reasonable means to prevent the commission or completion of the said felony. He was granted a Sh50,000 bail awaiting the trial of their case on May 22.

Mr Mwangi and his cashier, John Kinyua Njeru, were on March 31 charged with operating a clinic without a licence before a Kibera court. Mwangi denied the charges.

SHUT DOWN

The two were accused of committing the offence at Fig Tree Medical Centre in Ngara, Nairobi, on March 27. The clinic was shut down by police and Medical Practitioners and Dentists Board officials.

Earlier, State Counsel Jacinta Nyamosi urged the court to cancel the Sh100,000 bail Mwiti was granted on April 2 after he denied raping, intimidating and assaulting the woman.

Ms Nyamosi accused the MP of intimidating the victim and her close relatives by calling through proxies and impressing upon her to drop the rape charges. She filed two sworn affidavits to back her claims that the MP had been intimidating the victim and witnesses in the case.

?It is the prosecution?s submission that the accused is intimidating our witnesses and interfering with prosecution evidence. It is the prosecution?s contention that one of the reasons the court can deny bail is intimidation and interference with witnesses,? she said.

She urged the court to issue restraining orders if it was not persuaded by the prosecution?s request to cancel bail. Nyamosi further argued that the bail terms granted to the accused when he pleaded to the charges did not meet the threshold of the offence he was facing.

?Rape is a serious offence and in line with the provisions of the law I urge the court to issue fresh bond terms,? Nyamosi said.

However, Mwiti?s lawyer, John Khaminwa, opposed the application on grounds that no evidence had been adduced to back up prosecution?s application for cancellation of bond.

By Fred Makana, The Standard

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