Former Imenti Central MP Gideon Mwiti on Friday lost a bid to have his rape case terminated.
This was after a Nairobi court dismissed an application seeking to have the criminal charge dropped.
Chief magistrate Francis Andayi said the application by the defence team that the charge is defective has no merit.
Mwiti, through his lawyer John Khaminwa, had urged the court to drop the case on grounds the law used to charge Mwiti doesn’t disclose sexual offence.
But the trial magistrate ruled out the lawyer saying the prosecution can amend the charge sheet at any stage so the case proceeds to the end.
Khaminwa had asked the court not to waste judicial time with the defective charges.
The prosecution asked the court to allow them to amend the charge before the next hearing of the case.
The former MP is accused of raping a woman on March 21, 2015, at Tana Club along Woodvale Grove in Westlands.
The politician is charged alongside a medical practitioner David Muchiri, who allegedly conducted an involuntary HIV test on the complainant.
Muchiri is also charged with aiding and abetting the offence of rape and failing to prevent a felony.
According to the Sexual Offences Act, a person found guilty of rape charges faces imprisonment for a term which shall not be less than 10 years.
This can be escalated to life imprisonment. The case will be mentioned on September 14.
