A Nairobi court today ordered a rape case against Imenti Central MP Gideon Mwiti to be heard on May 12 without further delay.
Trial Magistrate Francis Andayi of Milimani Court made the directive after Mwiti’s lawyer John Khaminwa applied for adjournment, saying his client who was not present in court was unwell and the case could not proceed without the accused being present in court.
The magistrate warned that in future the court will not entertain any further adjournment, saying the case has been pending before court for the last two years without proceeding to the main hearing.
Lawyer Khaminwa is expected to make his defence preliminary objection application where his will be asking the court to terminate the charge against the legislator saying the charges are defective.
Andayi said, ” this court is guided by its calender. This is an old matter which needs to be disposed off expeditiously.”
The MP through his lawyer Dr. Khaminwa told the trial magistrate that he will be lodging a third bid to quash the trial, on grounds that the charges are defective, having lost at the High Court and at the Court of Appeal.
Mwiti 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.