Rachael Shebesh files suit seeking to halt her prosecution

By Pamela Chepkemei

Nairobi, Kenya: Nairobi County Women Representative, Rachael Shebesh who is to be charged in court for creating disturbance Wednesday moved to court to halt her prosecution.

Shebesh says 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 her lawyer Cecil Miller that she was ready to be charged in court.

But she told High Court Judge Mumbi Ngugi in Nairobi Wednesday that prosecuting her alone, will be unfair, prejudicial and infringement of her rights.

“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 and stay the same prosecution against me,” says Shebesh.

The Director of Public Prosecutions, two weeks ago gave the police the go ahead to prefer criminal charges against Kidero for assaulting Shebesh. Shebesh will also be charged with creating disturbance.

Kidero slapped Shebesh when she went to his office at City Hall on September 6 2013. She was accompanied by employees of Nairobi County Government who were holding a protest.

In an urgent case set for hearing this morning, Shebesh blames Kidero for lack of commitment in a reconciliation process.

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 not able to resolve the matter as directed.

Monday, Lenaola lifted orders he had issued in favour of the Governor and allowed   the DPP to prefer criminal charges against the two because the reconciliation talks had collapsed but Kidero moved to court same day and obtained orders barring his prosecution from a different judge.

The matter is scheduled to come up Thursday for hearing. High Court Judge Mumbi Ngugi who handled the case filed by Shebesh directed her lawyer to appear before Justice David Majanja who will also hear Kidero’s case.

The two applications will be heard jointly.