A police file in which Imenti Central MP Gideon Mwiti is facing rape charges was not in court today causing an adjournment.
The MP through his lawyer Dr. John Khaminwa told the trial magistrate Fracis Andayi that he will be lodging a third bid to quash the trial, on grounds that the charges are defective, having been dismissed by the High Court and at the Court of Appeal.
Mwiti faces life imprisonment if found guilty at the conclusion of the trial.
When the case came up for hearing the prosecution said the police had not brought the police file to court to proceed with the preliminary objection to be raised by the defence.
“I do not have the police file and I request for time to find the file, we are ready but the file is not available,” prosecutor Eddie Kaddebe who was standing in for a former colleague who has since resigned from the ODPP said.
Kaddebe also said neither the complainant nor the investigating officer were in court.
The MP is facing charges of rape, assault and intimidation.
He was accused of raping a woman on March 21, at Tana Club along Woodvale Grove in Westlands, Nairobi, but he denies the charges.
The politician is charged alongside a medical practitioner “Dr” David Muchiri, who allegedly conducted an involuntary HIV test on the complainant whose identity cannot be revealed for legal reasons.
Dr Muchiri alone is charged with aiding and abetting the offence of rape and failing to prevent a felony.
