By PAMELA CHEPKEMEI
Kenya: Nairobi County Woman Representative Rachel Shebesh has moved to court to stop police from charging her with creating disturbance.
Shebesh said her prosecution would be unfair because the High Court has issued orders stopping the arrest and prosecution of Nairobi Governor Evans Kidero, whom she accuses of slapping her.
The politician had early this week stated in an affidavit filed through lawyer Cecil Miller that she was ready to be charged in court.
But she told High Court Judge Mumbi Ngugi yesterday that prosecuting her alone will be unfair, prejudicial and infringement of her rights.
READ MORE
Sweden ends rape investigation allegedly targeting Kylian Mbappe
Court affirms NGO's decision to fire female boss for sexual assault
Businessman accused of stabbing girlfriend 18 times released on Sh200,000 bail
“Governor Kidero having obtained orders staying any imminent prosecution against him now leaves me at risk of being arrested and charged if this court does not intervene,” said Shebesh.
The Director of Public Prosecutions (DDP) Keriako Tobiko two weeks ago gave the police the go-ahead to prosecute Kidero for assault and Shebesh for creating disturbance.
Hold protest
Kidero allegedly slapped Shebesh when she went to his office at City Hall on September 6 last year. She was accompanied by employees of Nairobi County government, who were holding a protest.
In a case set for hearing this morning, Shebesh blames Kidero for lack of commitment in reconciling with her.
High Court Judge Isaac Lenaola last week gave Kidero and Shebesh time to negotiate and settle the matter out of court but the two were unable.
Judge Lenaola on Monday lifted orders he had issued in favour of the governor and allowed the DPP to prefer criminal charges against the two after reconciliation talks collapsed.
The matter is scheduled for hearing today. High Court Judge Mumbi Ngugi who handled the case filed by Shebesh directed her lawyer to appear before Justice David Majanja who will hear Kidero’s case also.
The two applications will be heard jointly. Meanwhile, DDP Keriako Tobiko has taken over a case lodged by a guard who claims Nairobi Woman Representative Rachael Shebesh assaulted him.
The DPP wrote a letter to the Director of CID Ndegwa Muhoro, yesterday, asking him to urgently forward the file to his office for perusal and directions.
Tobiko made the decision after receiving a letter on Tuesday from the advocate representing the complainant Kazungu Changawa.
