DPP withdraws defilement case against UDA MP on daughter of a cabinet secretary
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Court allows DPP to withdraw defilement case Against Mogotio MP Kiborek for lack of witnesses
Court allows DPP to withdraw defilement case Against Mogotio MP Kiborek for lack of witnesses.
A Nakuru Magistrates Court has allowed the DPP to withdraw a defilement case against Mogotio MP Reuben Kiborek.
While making the application, the prosecution argued that there were no witnesses to testify against the UDA MP.
Mr Kiborek was charged with violating a 15-year-old daughter of a Cabinet Secretary at a Nakuru hotel in 2018.
He was arrested after the incident and charged in court over the matter on December 27, 2018, and released on a Ksh300,000 cash bail.
Chief Magistrate Bildad Ochieng acquitted the lawmaker for lack of witnesses.
The withdrawal of the defilement case comes after an adjournment in January that was necessitated by the transfer of the investigating officer.
“Not ready to proceed. The investigation officer has been transferred and is yet to hand over the file to the incoming officer,” the Prosecution told the Court at the time.
In October, the MP protested the delay in prosecuting the matter as he accused the prosecution of dragging its feet.
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His lawyer, Gordon Ogolla, wondered why the five-year-old case was still in the cause list.
Mr. Ogolla said the delay on the prosecution side was “embarrassing”.
“This matter has been in court since 2018 and there is no single day the prosecution has availed witnesses. It is embarrassing to see a file of 2018 in the cause list so if the prosecution is not ready to proceed they should withdraw the case,” said Ogolla.
On October 9, State Counsel Oscar Limisi told the court that he was yet to be furnished with the police file that was being kept by the Officer Commanding Bondeni Police Station.
Kiborek’s arrest was surrounded by controversy as the alleged victim’s family tried to keep the information a secret.
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